By Vikrant Rana and Shantam Sharma
India’s space startup ecosystem[1] has witnessed remarkable growth over the past decade, with the number of space startups increasing from a mere one (1) in 2014 to One Hundred and Eighty Nine (189) in 2023, according to the Department for Promotion of Industry and Internal Trade’s Start-Up India Portal[2]. The surge in interest and investment is evident, with Indian space startups attracting One Hundred and Twenty-Four Point Seven Million United States Dollars ($124.7) million in 2023 alone. This dynamic growth has been significantly influenced by the National Space Policy, 2023[3], which provides a structured framework for the registration and regulation of space objects.
Understanding Space Objects and the National Registry
The National Space Policy, 2023 defines a “Space Object” as:
(i) Any object launched or intended to be launched into an orbital or suborbital trajectory around the Earth or to a destination beyond Earth orbit; (ii) Any constituent element of such an object;
(iii) Any other object as notified from time to time.
The “National Registry” refers to the Registry of Space Objects maintained by India, in accordance with Article II of the Convention on Registration of Objects[4] Launched into Outer Space. This registry plays a crucial role in maintaining oversight and ensuring compliance with international and national regulations.
Eligibility Criteria for Registration[5]
The eligibility criteria for registering a space object in the National Registry are as follows:
- Ownership and Control:A space object owned by an Indian entity with control over the object is eligible for registration. In cases where the applicant Indian entity is in a subsidiary, joint venture, franchise, or partnership with a non-Indian entity, consent from both parties is required. This consent must affirm that complete control over the space object resides with the Indian applicant, under Indian jurisdiction and law.
- Payload Registration:Normally, payloads that are integral parts of a spacecraft and not intended to be separated as independent objects are not registered separately. However, the Indian National Space Promotion and Authorization Centre (for brevity “IN-SPACe”) may recommend including a payload as a separate space object based on specific circumstances related to its operations, jurisdiction, and control.
- Foreign Ownership and Control:Space objects manufactured by an Indian entity but owned and controlled by a non-Indian entity are typically not registered. Similarly, space objects for which an Indian entity provides services like launch, operations, telemetry, tracking, and control (TT&C) or mission control, but are owned and controlled by a non-Indian entity, are also usually excluded from the registry.
- Government-Owned Space Objects:
All space objects owned by the Government of India, including those owned through departments, ministries, public sector enterprises (PSEs), or other government-formed entities, are normally registered regardless of the country of launch or the launch vehicle used.
Guidelines for Registration
Indian space actors are expected to adhere to guidelines and best practices aimed at protecting Indian space assets and ensuring safe, secure, sustainable, and responsible space operations. These guidelines cover the design, operational, and end-of-life phases of launch vehicles and spacecraft. Applications for registration are evaluated based on compliance with these guidelines and associated due diligence, with any deviations reviewed on a case-by-case basis.
Registration Procedure
The registration procedure for space objects involves two main parts: Pre-Registration Procedures and Post-Registration Procedures.
- Pre-Registration Procedures:
- Indian entities owning a space object must apply for registration by providing all necessary information to IN-SPACe as part of their application for authorization of establishment, operations, or launch of the space This information is evaluated for correctness, consistency, and compliance with space debris mitigation requirements.
- In case of discrepancies or inadequacies, IN-SPACe will seek additional information or provide feedback for necessary modifications. The applicant must then re-submit the updated application.
- Upon satisfactory completion and evaluation, IN-SPACe communicates the approval of registration to the However, this does not guarantee the acceptance of the authorization application by IN-SPACe.
- Post-Registration Procedures:
- Before Launch: Any changes in the launch date, lift-off timings, and nominal injection parameters of the spacecraft must be communicated to IN-SPACe as soon as possible. The validity of the registration approval is subject to the clearance of these changed parameters after evaluation and assessment by IN-SPACe.
- On-orbit Operational Phase:Immediately after Launch:
a. Injected orbital elements (within 12 hours of injection)
b. NORAD ID, International Designator (within 4 weeks of injection)
c. Predicted ephemerides including orbit acquisition maneuvers (as applicable)
d. Any off-nominal performance or anomalies and their impact on the space environment
- Periodic Notifications (till end of mission):a. Orbital details: apogee, perigee, inclination, period (including changes)
b. Controllability
c. Maneuverability
d. Fuel availability
e. Major configuration changes, if any
f. Project milestones achieved or specific achievements reportable to international bodies like UN, IAA, IADC
g. Changes in mission objectives, if any
h. Changes in user segments, if any - Special, High-Priority, Immediate Notification:a. Critical close approach with other space objects
b. Event-based declarations:
i. Change of ownership
ii. Orbital migration
iii. Critical system failure
iv. Loss of control
v. Loss of maneuverability (including fuel exhaustion)
vi. Premature mission termination
vii. End-of-life
viii. Post mission disposal
ix. Atmospheric re-entry (controlled/uncontrolled) - Regular Sharing of Ephemerides:a. Operational ephemerides of satellites owned by NGEs must be shared with IN-SPACe via IDP or other advised means. Updated ephemerides should be shared at least once every three days for Low Earth Orbit (LEO) objects and once a week for Medium Earth Orbit (MEO), Highly Elliptical Orbit (HEO), and Geostationary Earth Orbit (GEO) objects.
b. For any planned maneuver, the expected ephemeris during the burn and post-maneuver should be shared.
It is clarified that IN-SPACe does not guarantee that the authorization application will necessarily be accepted even if the post-registration procedures are completed.
As India’s space sector opens further to private players, the clear regulatory pathways and support mechanisms outlined in the National Space Policy allow startups to pursue ambitious projects, attract investment, and push technological boundaries. With increased access to international collaborations, funding, and government-backed initiatives, Indian space startups are poised to play a transformative role in the global space economy.
In essence, the National Space Policy, 2023 is more than just a regulatory framework; it is a catalyst that promises to accelerate growth, encourage responsible innovation, and solidify India’s standing as a major force in the space technology landscape. With a surge in new players, groundbreaking projects, and investment, India’s space startup ecosystem is set to chart new orbits of growth and innovation.
This article first appeared on the website of the Space Law Committee of the Legal Practice Division of the International Bar Association, and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association.
End Notes:
[1] Press release by the Department of Space, Available at: https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1S888c4
[2] Available at: https://www.investindia.gov.in/team-india-blogs/next-frontier-analyzing-indias-focus-space-technology#:~:text=There%20are%20189%20DPIIT%2Drecognised,Alphabet%20Inc.
[3] Indian National Space Promotion and Authorization Centre, Department of Space- Norms, Guidelines and Procedures for Implementation of Indian Space Policy-2023 in respect of Authorization of Space Activities, Available at: https://www.inspace.gov.in/inspace?id=inspace_search&spa=1&q=POLICY
[4] Page 16-17, Convention on Registration of Objects Launched into Outer Space, Available at: https://treaties.un.org/doc/source/docs/A_RES_29_3235-E.pdf
[5] Chapter XI Page 61 to 71, National Space Policy, 2023, Available at: https://www.inspace.gov.in/sys_attachment.do?sys_id=5d532e37877102503b0f0d060cbb35cf