NATIONAL SPACE LAW
1. Context
India is set to celebrate its second National Space Day on August 23. Following Chandrayaan-3’s soft-landing near the lunar south pole to the upcoming Gaganyaan and Chandrayaan missions, as well as the Bharat Antariksh Station, the Indian space programme is set to make history many times over. Yet an essential component remains grounded — the legal architecture. In the race to explore, innovate, and commercialise outer space, a strong space law is necessary
2. Global Space Legislation
- The Outer Space Treaty of 1967 declares outer space as the common heritage of humanity, thereby prohibiting any claim of sovereignty over it.
- It also makes states accountable for all space activities carried out under their jurisdiction, whether by government agencies or private operators.
- Supplementary agreements to the treaty establish binding norms relating to rights, duties, and liability.
- However, these international agreements do not automatically apply within domestic legal systems. As highlighted by Aarti Holla-Maini, Director of the UN Office for Outer Space Affairs (UNOOSA), the UN space treaties lay down the essential guiding principles—from ensuring the peaceful use of outer space to defining the liability of states.
- To implement these norms effectively, countries need to pass national space laws, which ensure that their space industries grow responsibly, sustainably, and in harmony with global obligations.
- India is a party to the major UN space treaties but is still in the process of adopting a comprehensive national space law. Unlike policy, which expresses intent, legislation provides an enforceable legal framework.
- According to Rossana Deim-Hoffmann, who leads UNOOSA’s Global Space Law Project, domestic space laws bring clarity, predictability, and regulatory stability for both state and private players.
- Several nations—including the United States, Japan, and Luxembourg—have already introduced such laws, creating systems for licensing, liability management, and recognition of commercial space rights
3. India's Space Legislation
- India has adopted a gradual and carefully sequenced approach towards framing space legislation. Space law expert Ranjana Kaul explains that national space law must address two interconnected dimensions.
- The first involves technical rules governing the conduct of commercial space activities in orbit, which corresponds to the “authorisation” requirement under Article VI of the Outer Space Treaty (OST). The Department of Space has been advancing systematically in this area.
- This cautious strategy has already produced tangible outcomes, such as the Catalogue of Indian Standards for Space Industry, aimed at ensuring the safety of space missions; the Indian Space Policy, which specifies the types of activities open to private participation; and the IN-SPACe Norms, Guidelines and Procedures (NPG) 2023, which operationalise the policy in terms of authorising space-related activities.
- Yet, the second key element remains incomplete. Dr. Kaul points out that this pertains to the comprehensive legislative framework—or “space activities law”—which would incorporate provisions of the OST in a precise and well-drafted manner
4. Outer Space Treaty of 1967
- The Outer Space Treaty of 1967—formally known as the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies—is considered the foundation of international space law.
- It was adopted during the Cold War era, when both the United States and the Soviet Union were competing in space exploration, to ensure that outer space would not become another arena of conflict.
- The treaty establishes the principle that outer space is the “province of all mankind”, meaning it cannot be claimed by any one country. This rules out national appropriation of celestial bodies such as the Moon or planets, either through sovereignty, occupation, or any other means.
- Instead, space is to be used for peaceful purposes and for the benefit of all humanity, regardless of a nation’s level of scientific or technological development.
- Another crucial aspect of the treaty is the responsibility it places on states. Governments are not only accountable for their own activities in space but also for those carried out by private or commercial entities under their jurisdiction.
- This ensures that states must authorise and continually supervise private ventures in space. The treaty also lays down liability rules, making states internationally responsible for any damage caused by their space objects to other states or their citizens.
- Additionally, the treaty explicitly prohibits the placement of nuclear weapons or other weapons of mass destruction in orbit, on celestial bodies, or in outer space in general. The Moon and other celestial bodies must be used exclusively for peaceful purposes, barring any military bases, installations, or weapons testing there.
- While the Outer Space Treaty provides broad guiding principles, it does not go into the fine details of how space activities should be regulated domestically. For that reason, countries are expected to enact national space legislation to implement its obligations within their own jurisdictions.
- In essence, the Outer Space Treaty created a global legal framework that has helped keep outer space free from territorial disputes and militarisation, while at the same time promoting international cooperation in the exploration and use of space
5. Industry Perspectives
- IN-SPACe, which at present functions without a formal legal mandate, needs explicit statutory authority to effectively serve as the primary regulatory body for India’s space sector.
- A comprehensive national space law must outline in detail the licensing framework—covering eligibility criteria, application procedures, timelines, fee structures, and grounds for approval or rejection. Such clarity would help prevent unnecessary delays and bureaucratic hurdles that often arise from the involvement of multiple ministries.
- The dual-use nature of space technology adds further complexity, as companies frequently encounter prolonged approval processes even after receiving provisional clearances.
- To address this, clear policies on foreign direct investment (FDI)—such as permitting 100% FDI in satellite component manufacturing through the automatic route—would be vital for attracting capital, particularly for startups seeking to expand their operations.
- In addition, the sector requires the establishment of affordable insurance mechanisms to protect emerging companies handling expensive space assets. Protecting intellectual property (IP) rights is equally essential.
- Legislation should safeguard innovation without excessive state interference, encourage collaborative efforts between industry, academia, and government, and build confidence among potential investors
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For Prelims: Foreign direct investment (FDI), Outer Space Treaty (OST), IN-SPACe
For Mains: GS II - Governance on Space
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Previous Year Questions
1. What is the purpose of the US Space Agency’s Themis Mission, which was recently in the news? (UPSC 2008)
A. To study the possibility of life on Mars
B. To study the satellites of Saturn
C. To study the colorful display of high-latitude skies
D. To build a space laboratory to study the stellar explosions
2. Which of the following pairs is/are correctly matched? (UPSC 2014)
Spacecraft Purpose
1. Cassini-Huygens: Orbiting Venus and transmitting data to theEarth
2. Messenger: Mapping and investigating the Mercury
3. Voyager 1 and 2: Exploring the outer solar system
Select the correct answer using the code given below:
A. 1 only B. 2 and 3 only C. 1 and 3 only D. 1, 2 and 3
3. Chandrayaan - 2 was launched from which of the following states by ISRO? (DSSSB LDC 2019) A. Maharashtra B. Rajasthan C. Kerala D. Andhra Pradesh
4. The phases of the moon as we see from the Earth are due to changing relative positions of the sun, the earth and the moon. Which of the following statements is true? (CTET 2022)
A. on a full moon day, the earth comes between the sun and the moon
B. on a new moon day, the moon is in between the earth and the sun
C. on a full moon day, the moon is in between the earth and the sun
D. on a new moon day, the earth is between the sun and the moon.
E. on a new moon day, the sun is between the moon and the earth
A. A, B B. B, C C. C, D D. A, E
5. ISRO is related to: (SSC JE EE 2020) A. space research B. agricultural research C. seed research D. marine research 6. “The experiment will employ a trio of spacecraft flying in formation in the shape of an equilateral triangle that has sides one million kilometres long, with lasers shining between the craft.” The experiment in question refers to (UPSC 2020) A. Voyager-2 B. New Horizons C. LISA Pathfinder D. Evolved LISA 7. With reference to India's satellite launch vehicles, consider the following statements: (UPSC 2018)
1. PSLVs launch satellites useful for Earth resources monitoring whereas GSLVs are designed mainly to launch communication satellites.
2. Satellites launched by PSLV appear to remain permanently fixed in the same position in the sky, as viewed from a particular location on Earth.
3. GSLV Mk III is a four- staged launch vehicle with the first and third stages using solid rocket motors; and the second and fourth stages using liquid rocket engines.
Which of the statements given above is/are correct?
A. 1 only B. 2 and 3 C. 1 and 2 D. 3 only
8. ‘Black hole’ is a (NDA 2019) (UPPSC 2019)
A. huge black star which has zero acceleration due to gravity on its surface
B. star which has moderate acceleration due to gravity on its surface
C. star which has collapsed into itself and has large acceleration due to gravity on its surface
D. star which has collapsed into itself and has zero acceleration due to gravity on its surface
9. Which of the following pairs is/are correctly matched? (UPSC 2014) Spacecraft Purpose
Select the correct answer using the code given below: (a) 1 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3
10. Aditya L1 is a ______. (ISRO IPRC Technical Assistant Mechanical 2016)
A. Long-range missile
B. Rocket to moon
C. Spacecraft project
D. Light combat aircraft
11. With reference to 'Astrosat', the astronomical observatory launched by India, which of the following statements is/are correct? (UPSC 2016)
1. Other than USA and Russia, India is the only country to have launched a similar observatory into space.
2. Astrosat is a 2000 kg satellite placed in an orbit at 1650 km above the surface of the Earth. Select the correct answer using the code given below.
A. 1 only B. 2 only C. Both 1 and 2 D. Neither 1 nor 2
12. If a major solar storm (solar flare) reaches the Earth, which of the following are the possible effects on the Earth? (UPSC 2022)
1. GPS and navigation systems could fail.
2. Tsunamis could occur at equatorial regions.
3. Power grids could be damaged.
4. Intense auroras could occur over much of the Earth.
5. Forest fires could take place over much of the planet.
6. Orbits of the satellites could be disturbed.
7. Shortwave radio communication of the aircraft flying over polar regions could be interrupted.
Select the correct answer using the code given below:
A. 1, 2, 4 and 5 only
B. 2, 3, 5, 6 and 7 only
C. 1, 3, 4, 6 and 7 only
D. 1, 2, 3, 4, 5, 6 and 7
13. A spinning neutron star emits radio-wave and is called (Maha TAIT 2017)
A. Supernova B. Pulsar C. White dwarf D. Protostar
14. Consider the following pairs: (UPSC 2023)
Objects in space Description
(1) Cepheids Giant clouds of dust and gas in space
(2) Nebulae Stars which brighten and dim periodically
(3) Pulsars Neutron stars that are formed when massive stars run out of fuel and collapse
How many of the above pairs are correctly matched?
A. Only one B. Only two C. All three D. None
Answers: 1-C, 2-B, 3-D, 4-A, 5-A, 6-D, 7-A, 8-C, 9-B, 10-C, 11-D, 12-C, 13-B, 14-A
Mains
1. India has achieved remarkable successes in unmanned space missions including the Chandrayaan and Mars Orbiter Mission, but has not ventured into manned space missions, both in terms of technology and logistics. Explain critically (UPSC 2017) 2. Discuss India’s achievements in the field of Space Science and Technology. How the application of this technology has helped India in its socio-economic development? (UPSC 2016) |
Source: The Hindu
