Need for National Space Law

23 Aug 2025

Need for National Space Law

On August 23, India marked its 2nd National Space Day celebrating Chandryaan 3 Success , with experts urging a national space law to enforce global commitments and regulate commercial activity.

  • The theme of 2025 Space Day is ‘Aryabhatta to Gaganyaan: Ancient Wisdom to Infinite Possibilities’.

About National Space Law

  • A national space law is a domestic legal framework that regulates a country’s space activities, ensures compliance with international obligations and provides clarity to government, private sector, and investors on licensing, liability, and commercial rights.

Why Does India Need a National Space Law?

  • International Obligations: United Nations Office for Outer Space Affairs (UNOOSA): Emphasises that domestic laws are essential for translating international commitments into enforceable rules.
    • Outer Space Treaty (OST) 1967:
      • Common Heritage Principle: Space is the province of all mankind; no nation can claim sovereignty.
      • Peaceful Use: Outer space must not be weaponised.
      • State Responsibility: States are responsible for both government and private activities.
      • Liability Clause: Nations bear liability for damage caused by their space objects.
      • International Cooperation: Encourages sustainable exploration and data sharing.
  • Domestic Gaps in India: Policy-Only Framework (not legally binding):
    • Indian Space Policy 2023 – Encourages private participation.
    • Catalogue of Indian Standards for Space Industry (2023): Sets quality and safety benchmarks.
    • IN-SPACe Norms, Guidelines and Procedures (NPG 2024): Governs non-governmental entities.
    • Indian National Space Promotion and Authorisation Centre (IN-SPACe): Currently operates under executive orders, without statutory authority → regulatory decisions may be legally challenged.
  • Industry Concerns: 
    • Unclear Licensing: Overlapping approvals from Department of Space (DoS), Department of Telecommunications (DoT), and Ministry of Defence delay projects.
    • Foreign Direct Investment (FDI) Ambiguity: Lack of clarity in automatic route discourages investment in satellites and components.
    • Liability Risks: India remains internationally liable under OST, but private firms lack an insurance and risk-sharing framework.
    • Weak Intellectual Property (IP) Protection: Risk of talent and technology migrating abroad.
  • Safety and Sustainability Concerns: No binding legal framework for Space debris management, Accident investigation protocols and Data governance and satellite communication norms
    • Dual-use technologies (civil and defence) need clearer oversight.
  • Global Comparisons: Japan, Luxembourg, United States: Have clear laws covering licensing, liability, and commercial rights over extracted space resources.
    • India’s Risk: Without clarity, India may lag behind in space commerce and innovation.
  • Geopolitical Angle:
    • Global Rivalries: Intensifying US-China-Russia competition in outer space.
    • Strategic Autonomy: A national law would strengthen India’s role in safe, sustainable, and equitable space governance.

India’s Recent Initiatives

  • Antrix Corporation Limited (1992): First commercial arm of ISRO for satellite launches.
  • Draft Space Activities Bill (2017): Introduced but not passed; aimed to regulate commercial space activity.
  • NewSpace India Limited (NSIL, 2019): Commercial arm to transfer ISRO technologies to industry.
  • IN-SPACe (2020): Nodal body to authorise and regulate private space activities.
  • Indian Space Policy 2023: Provided a roadmap for private sector and startups.

About International Space Law

  • A body of rules and principles, primarily under the United Nations framework, that governs space activities of states and private entities.
  • It seeks to ensure that outer space is used for peaceful purposes, is the “province of all humankind”, and prohibits national appropriation.
  • It regulates issues like:
    • Exploration & use of outer space
    • Liability for damages
    • Astronauts as envoys of mankind
    • Environmental protection (space debris, nuclear weapons ban in orbit)
    • International cooperation & dispute settlement

Five Key UN Declarations/Principles on Space Activities

  • Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space (1963): Foundation of space law, precursor to the Outer Space Treaty (1967).
    • Stated that outer space is free for all and no sovereignty claims are valid.
  • Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting (1982): Stressed respect for sovereignty and cultural integrity in satellite broadcasting.
  • Principles Relating to Remote Sensing of the Earth from Outer Space (1986): Data must be used for the benefit of sensed states, ensuring sovereignty, privacy, and developmental use.
  • Principles Relevant to the Use of Nuclear Power Sources in Outer Space (1992): Safety framework for use of radioisotope thermoelectric generators (RTGs) and other nuclear power in spacecraft.
  • Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interest of All States (1996): Emphasizes equitable access, especially for developing countries, and international collaboration.

Challenges in Enacting a National Space Law

  • Regulatory Fragmentation: Multiple ministries leads to duplication and delays.
  • Weak Statutory Backing: IN-SPACe lacks legislative authority.
  • Insurance and Liability Issues: High entry barriers for startups.
  • FDI Restrictions: Limited scope discourages global capital inflow.
  • IP Protection Gaps: Risk of brain drain and technology flight.

Way Forward

  • Enact a Comprehensive Space Activities Law: Provide statutory framework aligned with OST obligations.
    • Clearly define roles of government and private sector.
  • Strengthen IN-SPACe: Grant statutory powers as a single-window regulator.
    • Establish time-bound licensing and transparent denial criteria.
  • Develop Insurance Frameworks: Government-backed reinsurance or pooled risk models to lower startup entry barriers.
    • Example: France subsidises space debris liability insurance.
  • Liberalise FDI Norms: Allow 100% FDI under automatic route in satellite components and services with safeguards.
  • Enhance IP Protection & Innovation Ecosystem: Safeguard patents, copyrights, and encourage industry–academia partnerships.
    • Retain talent and prevent migration to IP-friendly nations.
  • Embed Sustainability Measures: Legally enforce debris mitigation, accident investigation, and safety standards.
    • Balance commercial growth with long-term space sustainability.

Major Achievements of ISRO & India’s Space Programme: At a Glance

Early Milestones

  • Aryabhata (1975): India’s first satellite, marking entry into space research.
  • Rohini Satellites (1980): India’s first satellite launched using an indigenous rocket (SLV-3).

Launch Vehicle Development

  • PSLV (Polar Satellite Launch Vehicle): Reliable workhorse, enabling cost-effective multi-satellite launches for India & other nations.
  • GSLV & GSLV Mk III / LVM-3: Allowed launch of heavier satellites; LVM-3 also carried Chandrayaan-2, Chandrayaan-3, and will be used for Gaganyaan.
  • SSLV (Small Satellite Launch Vehicle): Affordable access to space for smaller payloads.

Space Exploration

  • Chandrayaan-1 (2008): Confirmed water molecules on the Moon.
  • Chandrayaan-2 (2019): Orbiter continues lunar mapping.
  • Chandrayaan-3 (2023): India became the first nation to land on the lunar south pole.
  • Mangalyaan (2014): First Asian nation to reach Mars orbit, and the first in the world to succeed on its maiden attempt.
  • Aditya-L1 (2023): First Indian solar mission studying Sun from Lagrange point.
  • Upcoming: Gaganyaan Mission to send Indian astronauts into space; Shukrayaan (Venus mission); long-term Indian Space Station.

Satellite Applications & National Benefits

  • INSAT series: Boosted telecom, TV broadcasting, weather forecasting.
  • IRS series: One of the largest Earth observation constellations, aiding agriculture, forestry, water resources, urban planning, disaster management.
  • GSAT series: Strengthened communications.
  • NAVIC (2018): India’s indigenous navigation system, enhancing national security, transport, and disaster response.
  • EDUSAT (2004): First dedicated satellite for education.
  • DISNET & Telemedicine: Bridged rural gaps in education and healthcare.
  • Bhuvan Platform: Indian mapping service (alternative to Google Earth).

Commercial Achievements

  • Antrix & NSIL (NewSpace India Ltd): ISRO’s commercial arms.
  • PSLV-C37 (2017): World record launch of 104 satellites in a single mission.
  • ISRO has launched 450+ foreign satellites from over 30 countries, showcasing low-cost, high-efficiency space solutions.

Scientific & Global Contributions

  • XPoSat (2024): India’s first dedicated polarimetry mission for X-ray astronomy.
  • NISAR (2025): Joint mission with NASA to study ecosystems, hazards, and climate change.
  • Disaster Management Support Programme (DMSP): Satellite data aiding cyclone tracking, flood mapping, and early warnings.
  • Active role in climate monitoring, weather forecasting, and Earth observation.

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UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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