AN ANALYSIS OF THE INDIAN SPACE POLICY 2023

Introduction

The Indian Space and Research Organisation has released the Indian Space Policy 2023, an overarching, composite and dynamic framework, which would be the cornerstone for India’s holistic progression and involvement towards the creation of a New Space Age. India has massive potential for growth and development in the aviation and space arena. A clear regulatory framework which furthers the notion of spatial activity regulation and development hence forms the need of the hour. This growth can only be furthered when the space sector is demonopolised from all-governmental control and when private players are given an equal opportunity to invest and participate in space activities. India previously had only limited and minimal regulatory policies for spatial activities, and hence, no domestic law or policy was envisaged for the same.

History of Space Policy in India

In 1997, the first satellite communication policy was introduced by the government, which primarily dealt with the issues emerging from the confluence of FDI and the satellite industry. However, the policy failed to be effective in the long run. In the year 2001, the remote sensing data policy, now known as the National Geospatial Policy, was introduced. The Draft Space Activities Bill, introduced in the Lok Sabha in 2017, unfortunately, lapsed in 2019.

Preamble and Vision

The Indian Space Policy 2023, envisages a lot of opportunities for the private sector to invest in space exploration and related activities in as much as they would be allowed to carry out activities such as- launching of satellites and rockets into space, amongst other things. The Preamble to the policy states that the policy aims to open the doors for the enhanced participation of Non-Governmental Entities (hereinafter, NGEs) in the space domain, which would be subjected to the guidelines prescribed by the Indian National Space Promotion and Authorization Center (hereinafter, IN-SPACe). Furthermore, the Government aims at conferring security and certainty to the stakeholders by providing a regulatory framework to add to the thriving growth of the space sector.

The policy is aimed at augmenting space capabilities and facilitating and supporting a flourishing commercial presence in and use of space. It further aims to promote technological development and international relations to create a new-age space ecosystem that benefits all the stakeholders and adds to the development of the thriving space sector.

Key Features of the Policy

• Regulation

The Indian Space Policy 2023 provides for the establishment of an authorisation and regulatory body i.e., the IN-SPACe (Indian National Space Promotion and Authorisation Centre), in supervising and regulating space launches, commercial uses and sale of satellites, the establishment of launch pads and the dissemination of high-resolution data etc. There are two other regulatory bodies envisioned with the principle of fostering private sector participation in the space domain other than ISRO.

They are- New Space India Limited (NSIL) and the Department of Space (DoS). The NSIL is established with the responsibility of regulating the development of space technology that aids in commercialisation. Furthermore, it is endowed to commercialise the platforms established via public expenditure. It includes, but is not limited to, those relating to manufacturing, leasing, or acquiring space technology and other related assets from the public or private sector.

Lastly, the Department of Space has been endowed with the responsibility to be the central nodal agency in all matters. It has been given the power to deal with residuary matters as well. It is obligated to frame and provide overall policy guidelines from time to time and is also responsible for supervising the implementation of these guidelines. It is further responsible for promoting international cooperation and coordination in policies and activities along with the aid and advice of the Ministry of External Affairs. It is also the dispute resolution authority in matters relating to conflict with respect to space activity.

ISRO’s position previously as a manufacturer of operational space systems has been altered. The policy states the role of ISRO and provides that it would be involved majorly in R&D and development of advanced technology, creation of new systems and exploration of space objects that aid in meeting national needs and aspirations. The policy also states that the ISRO should work in a manner that ensures cooperation between the NGEs and GEs by sharing their technological expertise and best practices with the latter. This alteration in ISRO's functions would aid it in using all its time and resources for mega space projects such as the Chandrayaan 3, Gaganyaan, and Aditya L1, amongst others.

• Role of the Private Sector

The NGEs have been given autonomy and power to conduct end-to-end space activities relating to remote sensing, navigation, communication, space objects and other related assets.

The space policy has placed no bar on the ownership or the way of procurement of the satellite in use as it has allowed the NGEs to use self-owned, leased or procured satellites. Furthermore, they can also use communication systems based outside the territory of India. The data received after remote sensing can be used and propagated outside the territory of India, too.

The NGEs have been conferred the authority and autonomy to use their own infrastructure and design for launch vehicles.

The NGEs can also coordinate with the International Telecommunication Union to obtain the asteroid resources and make commercial use of them.

Analysis

An Indian Space Policy/Regulation was much needed considering India’s scintillating growth and potential in conducting Space programs-related activities. Domestic legislation regulating the same would create a safe and secure space, incentivising stakeholders nationwide to invest in the space sector, be it private or public. The Indian Space Policy 2023 has indeed responded to the contemporary needs and bespoke aspirations of the nation, which is tending towards the promotion of private startups. This policy also demarcates power and responsibility between the 4 agencies- ISRO, DOS, IN-SPACe and NSIL for efficient cooperation and regulation. It also empowers the private sector and moves away from the traditional concept of the state having a monopoly over the space sector and governance thereof.

However, there are certain inhibitions and drawbacks to the policy. The policy should be followed up by a law/rules/regulations to that effect failing which would give rise to enforceability and implementation challenges. The policy envisages various responsibilities to the IN-SPACe; however, it fails to prescribe a time frame for the events that should follow after formulating any similar policy. There is an absence of a time frame as to when would the alteration of the role and responsibility of the ISRO ensue and for the creation of the framework by the IN-SPACe. Furthermore, even though the policy aims at fostering cooperative participation of both private and public entities, the regulatory agencies, however, are seemingly government-dominated in as much as the IN-SPACe is subordinate to and works under the direction of the DoS itself. The aspect of technology sharing between the ISRO and the private entities seems to be too complex a task to achieve.

Conclusion

Hence, the Government must ensure that the power balance between the private and public sectors in the governing and regulatory bodies is balanced and that the extent of their powers is clearly and comprehensively defined, along with the allocation of proper time frames for the completion of tasks conferred by the policy. The government must also ensure that this policy is followed up soon by law or regulation or rules to that effect that would aid in the proper and speedy implementation of this policy and would aid in the extermination of any procedural or enforceability irregularities.