The Final Frontier - Space Laws in India

The Final Frontier is here…or is it? As Governments and Private Entities increasingly enter the domain of Space Exploration. Corporates are investing in launching satellites, mining space debris and even space tourism.

So it begs the question…what legality lies behind these ambitions for India?

Indian Space Policy 2023: A New Era for India's Space Sector

On August 10, 2023, the Government of India introduced the Indian Space Policy – 2023 ("Policy") to establish a clear regulatory framework for the space sector and enhance private sector participation. The Policy aims to shift India’s space sector from a supply-driven to a demand-driven model, fostering technological innovation and socio-economic development.

Read here : https://www.isro.gov.in/media_isro/pdf/IndianSpacePolicy2023.pdf

Objectives and Strategy

The Policy envisions strengthening India’s space capabilities by encouraging private sector involvement, promoting research and development (R&D), and ensuring a stable regulatory environment. It aims to:

• Provide regulatory certainty to private players.

• Encourage advanced R&D in the space sector.

• Promote space-based public services and infrastructure.

• Support space-related education and innovation.

• Position India as a leader in the global space economy.

  
  

Key Entities and Their Roles

The Policy assigns specific responsibilities to four key entities under the Department of Space (DoS):

1. Indian Space Research Organisation (ISRO): Focuses on R&D and developing new technologies.

2. NewSpace India Limited (NSIL): A public sector company responsible for commercial activities and meeting industry demand.

3. Indian National Space Promotion and Authorisation Centre (IN-SPACe): A regulatory body acting as the interface between ISRO and private companies. Read more here : https://www.inspace.gov.in

4. Department of Telecommunications (DoT): Manages space-related activities involving radio spectrum.

IN-SPACe, established in June 2020 and operational since June 2022, serves as the single-window agency for authorising and supervising space activities conducted by private companies in India. It also facilitates technology transfer from ISRO to private entities.

Norms, Guidelines, and Procedures (NGP)

On May 4, 2024, IN-SPACe released the Norms, Guidelines, and Procedures for Implementation of the Indian Space Policy – 2023 (NGP), outlining the authorisation process and compliance requirements for space activities.

Authorisation Requirements

Under the NGP (Norms, Guidelines, and Procedures), any entity conducting space activities from Indian territory or within Indian jurisdiction must obtain authorisation from IN-SPACe. Authorisation covers:

• Launching, operating, or re-entering space objects.

• Establishing and operating ground stations and control centres.

• Disseminating space-based earth observation and remote sensing data.

• Operating sub-orbital and orbital launch systems.

• Sale, purchase, or transfer of space objects in orbit.

  
  

Eligible Entities

Only Indian entities (including government and non-government entities) can seek authorisation. Non-Indian entities can participate through joint ventures or partnerships with Indian companies. In certain cases, non-Indian entities can directly seek authorisation for communication services and data dissemination.

Application and Compliance

Entities must apply through the IN-SPACe Digital Platform (IDP). Applicants must meet specific financial and technical standards and disclose:

• Ownership and control structure.

• Significant beneficial ownership.

• Criminal records (if any).

• Net worth and operational capacity.

• Security clearance (if required).

  
  

For companies, key managerial personnel (KMP) must be Indian citizens, and Indian citizens must control the management and policy decisions. This applies to various structures, including partnerships, trusts, and joint ventures.

Duties and Liabilities

Authorised entities must comply with:

• Safety and security standards.

• Space debris mitigation guidelines.

• Environmental and liability norms under the Liability Convention (1972).

• IN-SPACe’s reporting and disclosure requirements.

IN-SPACe can revoke authorisation for non-compliance or failure to meet safety standards. Entities must maintain third-party liability insurance for damage caused by their space objects.

Space-Based Communication and Transportation

The NGP regulates satellite communication and transportation:

• Entities must obtain authorisation to operate communication satellites over Indian territory.

• Authorised operators must use only IN-SPACe-approved satellites or constellations.

• Operators are responsible for financial and operational risks.

• Launch operators must comply with global guidelines, including the Space Debris Mitigation Guidelines of the UN Committee on the Peaceful Uses of Outer Space (2007).

• Detailed mission data, failure scenarios, and fragmentation patterns must be provided to IN-SPACe before launch.

  
  

Utilisation of Orbital Resources

IN-SPACe, in collaboration with the Wireless Planning and Coordination Wing of the DoT, manages the allocation of orbital resources. Indian entities can apply to:

• Use unutilised ITU-assigned orbital resources under Indian administration.

• Apply for new ITU filings through IN-SPACe.

• Seek reassignment of surrendered or unused orbital resources.

  
  

Registration of Space Objects

All space objects launched from India must be registered with IN-SPACe in compliance with India’s international obligations. Operators must provide regular updates on mission status, and any mission extension plans must be submitted six months before the end of the satellite’s operational life.

Impact and Future Prospects

The Indian Space Policy 2023 and the NGP provide much-needed regulatory clarity and structure, encouraging private sector involvement and foreign investment in the space sector. The liberalisation of foreign direct investment (FDI) is expected to attract global players and foster collaboration with Indian companies.

However, the strict compliance and reporting requirements may increase the regulatory burden on private entities. The mandatory authorisation and reporting of changes in management, shareholding, and key personnel may also pose operational challenges.

Conclusion

The Indian Space Policy 2023 marks a significant shift in India’s approach to the space sector, providing a structured framework for private sector participation and international collaboration. While the policy enhances regulatory certainty, balancing compliance requirements with ease of doing business will be crucial to sustaining long-term growth and positioning India as a global leader in space exploration and commercialisation.