Introduction to Law on Electricity

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Lecture 01: Introduction of the Electricity

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Law; Constitutional Design

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 Constitutional Framework

 Evolution of the Laws on Electricity

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 Salient Features of the Electricity Act, 2003

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 Constitutional Structure – Division of Power

 Supreme Document.
 Federal Structure – Divide law-making power between the Centre and
the States.
 Central List – List I Seventh Schedule (Only Union Government can

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enact law).
 State List – List II Seventh Schedule (Only State Government can enact
law).

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 Concurrent List – List III Seventh Schedule (Both the Centre and State
Governments can enact law – in case of conflict – Central law shall
prevail).

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 Significance of Concurrent List

 Desirable that provincial legislation should make provision

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 to guide and encourage provincial effort

 to provide remedies for mischief arising in the provincial sphere

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 In case of electricity – problems extending beyond the boundary state.

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 Constitutional Framework - Energy

Traced under two paths:

One dealing with law relating to coal, petrol and gas, which are derived from
minerals.
Second dealing with law relating to electricity.

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List I Entry 54 - Regulation of mines and mineral development to the
extent to which such regulation and development under the control of the

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Union is declared by Parliament by law to be expedient in the public interest.
List II Entry 23 - 23. Regulation of mines and mineral development
subject to the provisions of List I with respect to regulation and development
under the control of the Union.
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List III Entry 38 - Electricity
 The Indian power sector is highly diversified –

Sources for power generation in India range from conventional

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 Electricity sector in India is under the concurrent list of the constitution
and is administered both by the central and the state governments.
the responsibility for distribution and supply of power to rural and

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urban consumers rests with the states.

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 Right to access electricity as a part of the Right to Life
 Art. 21- Guarantees right to life and personal liberty
 Constitutional Courts in India (SC & HCs) – expanded the meaning of ‘life’ to
include basic necessities of life which are needed for leading dignity life.

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Unenumerated rights – not included in text – but equally significant and
essential for the enjoyment of the rights given under the Constitution.
 Recognition of the right to access electricity u/r Art.21 – as unenumerated

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rights

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 DECIDED CASES
Molay Kumar Acharya v. Chairman Cum Managing Director, West Bengal
State Electricity Distribution Co. Ltd. AIR 2008 Cal 47
Facts: Petitioner prayed for an order commanding the respondents to give a

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new electricity connection in his name – as there was a property dispute – he
was staying in the first floor.
Held: As ‘occupier’ under sec. 43, the petitioner’s right to have electricity so

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long as he remains in the possession of the property – no one can survive
without electricity in modern days – right to electricity is also a right to life
and liberty in terms of Art. 21. N
T.M.Prakash v. The District Collector &The Superintending Engineer-
Tamil Nadu State Electricity Board, MANU/TN/2091/2013
Facts: Petitioners engaged in the task of laundry works staying in the
Govt. lands for over 2 centuries - did not have supply of electricity.
The Board asked to obatain ‘NOC’ – refused to give connection.

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Held: Sec. 43 – duty of licensee to give supply of electricity to owner or
occupier.
Additionally, it was said that – the respondents ought to have realised

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the misery of life of people living in huts without electricity.
Electricity supply is essential and important factor for achieving socio-
economic rights.

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Food, Shelter and Clothing alone may be sufficient to have a living.
But it should be a meaningful purpose.
Lack of electricity denies a person to have equal opportunities in the

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matter of education and consequently, suitable employment, health,
sanitation, and other rights.
Without providing the same, the constitutional goals, like Justice, Liberty,

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Equality and Fraternity cannot be achieved.

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Madan Lal v. State of Himachal Pradesh, 2018 SCC Online H.P. 1495
Facts: Petitioner constructed a house on a land owned by State against
which eviction notice was issued

Petitioner applied for water and electricity connection – denied in the

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The question that falls for consideration is whether the petitioner, as an
interim measure, be allowed the basic amenities of water and electricity –
should it be considered as an integral to the right to life.

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Held – Petitioner should be provided with basic amenities of water and
electricity until title over the land gets decided.

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K.N. Raveendranadhan v. Kerala State Electricity Board WP(C).No.34061
OF 2014(G) (decided on 15/03/2021- Kerala High Court)
Applicant applied for electricity connection to his new house, denied by
Electricity board officials.
Application denied on mere technical grounds( Petitioners came before

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High Court to appeal against orders of State Electricity Regulatory
Commission)

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Held: Electricity is a basic amenity in life within the meaning of Art. 21 –
statutory duty under sec. 43.

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G Sundarrajan v. Union of India (2013) 6 SCC 620
 Petitioner argued that the commissioning of Nuclear Power Plant at
Kundakulam, TN will cause catastrophic effect on the environment and
life of people living in the surrounding areas. Thus, it violates the right
to life.

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Held – Court stressed upon the need to balance the right to life and
property and the protection of environment - Larger public interest of

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the community should give way to individual apprehension of violation
of human rights and right to life guaranteed under Article 21.

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Held - Electricity is the heart and soul of modern life, a life meant not for
the rich and famous alone but also for the poor and down trodden. They
should also have an adequate means of livelihood, job opportunities for
which we have to set up Industries and commercial undertakings in the

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public as well as private sector and also have to invite foreign investment.
Generation of electricity is of extreme importance for their establishment

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and functioning and also for domestic consumption.
Nuclear power plant is being established not to negate right to life but to
protect the right to life guaranteed under Article 21 of the Constitution.

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 Chameli Singh v. State of UP, (1996) 2 SCC 549
On issue of land acquisition – the court made following remarks -
Held - Right to shelter includes adequate living space, safe and decent
structure, clean and decent surroundings, sufficient light, pure air and water,

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electricity, sanitation and civil amenities like road etc. so as to have easy
access to his daily avocation.

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right to live as a human being is not ensured by meeting only the animal
needs of man, but secured only when he is assured of all facilities to develop

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himself and is freed from restrictions which inhibit his growth.
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