Assessing the New Space Policy 2023
The New Space Policy of 2023 was approved by the Union government Cabinet on April 7. After much anticipation, the document was made public on April 19 on ISRO’s website. The 11-page document details the activities that the commercial space sector can undertake and delineates the roles of three key government agencies: Indian National Space Promotion & Authorisation Centre (IN-SPACe), Indian Space Research Organisation (ISRO), and the Department of Space (DOS).
This document does not provide a holistic overview of India’s space policy and its priorities. Rather, its goal is to elucidate the Union government's policy towards the growing commercial space sector in India and abroad. Indeed, as the ‘Vision’ section of the new space policy suggests, India hopes to augment its space capabilities by tapping into the potential of the private sector which has historically played a minor role in India’s space programme.
The problem
Private sector participation in -India’s space sector has historically been sparse. This was because space activities were the monopoly of the state for several decades and ISRO had achieved several feats, such as the development of indigenous launch vehicles, with limited resources. Indeed, since space was a high-risk and relatively low-reward sector, private entities stayed away from undertaking entire space projects and instead played the role of contractors and subcontractors for manufacturing satellite and launch vehicle components.
Given ISRO’s monopoly over space activities, a regulatory mechanism to oversee national space activities was seen as unnecessary, even after commercial space activities became a viable undertaking for the private sector. ISRO became the de-facto regulator for the private sector as it was the only route through which the private sector could participate in space activities.The absence of a set regulatory framework, therefore, disincentivised major private sector participation.
Positive features of the New Space Policy
The policy provides clear and expansive definitions of the activities of private entities, who are titled in the document as Non-Government Entities (NGEs). Under the space policy, NGEs can engage in the entire range of space activities, from launching and operating space objects to operating ground infrastructure. Besides these, the policy also includes some novel activities such as:
Making International Telecommunication Union (ITU) filings either through IN-SPACe or through a foreign administrator.
Establishing space situational awareness (SSA) networks
Possessing, owning, transporting, using, and selling asteroid resource or space resource
The policy outlines the role of IN-SPACe as a single-window agency for authorising space activities. It also clarifies the activities that IN-SPACe shall carry out. It promises to create a level playing field for NGEs. Apart from authorisation and promotion, IN-SPACe will also carry out the following roles:
Enable NGEs to establish specialised facilities within premises owned by DOS.
Identify technologies developed by ISRO that can be transferred to NGEs.
Issue guidelines for safety and security requirements of space operations.
Prescribe guidelines to satellite damages that might arise during space operations.
The policy envisions ISRO as an agency that will develop new space technologies and shepherd the human spaceflight programme along with other projects of national eminence. The document also states that ISRO will “transition out from the existing practice of being present in the manufacturing of operational space systems” and transfer mature technologies to the commercial sector.
The DoS will be the nodal agency for implementing the new space policy.
Concerning elements
While the New Space Policy clarifies several ambiguities about the role of various agencies and actors, it leaves several questions unanswered.
First, the policy does not help clarify the legal status of IN-SPACe. So far, the body has been established under the DoS. However, for IN-SPACe to carry out its regulatory activities, it must be given the legal powers by Parliament. Consider for example the establishment of TRAI under the Telecom Regulatory Authority of India Act, 1997. The Act established the powers of TRAI and set firm the structure of the agency. No such law exists behind the establishment of IN-SPACe.
Second, the document does not make clear how IN-SPACe will create a level playing field for private and public entities. After all, DoS, which is responsible for implementing the policy, also oversees ISRO and NewSpace India Limited (NSIL). Moreover, the Secretary of DoS also serves as the Chairman of ISRO. The leadership structure, in theory, could lead to systemically unfavourable outcomes for NGEs.
Third, the new space policy does not clarify how disputes between NGEs and disputes between NGEs and IN-SPACe will be resolved. The document only states that DoS will “create appropriate mechanism to resolve any dispute arising out of space activity, as per the extant laws.” As mentioned earlier, the existing structure of decision-making raises doubts about the unbiased position of the DoS. Therefore, the Union government must establish an independent Dispute Settlement Tribunal to resolve all disputes and misunderstandings that arise during the process of authorisation.
Fourth, the document makes no mention of Foreign Direct Investment. While IN-SPACe wishes to attract foreign players to participate in the Indian space sector, no mention of foreign participation or FDI is mentioned in the policy. However, it is likely that FDI will be addressed separately in another document this calendar year.
Finally, the new space policy does not clarify the policymaking mechanism for India’s space activities. That is, who decides the goals of India’s space programme for the next decade? According to the existing mechanism, the Space Commission is the body responsible for formulating space policy. However, the document makes no mention of the Space Commission.
Overall assessment
The New Space Policy - 2023, plays to the strengths of different stakeholders. Today, the private sector has at its disposal the technologies and the capital to pursue projects such as building satellites, launch vehicles and operating ground segment elements. On the other hand, state-led entities like ISRO possess both the funding and the political backing to undertake high-risk projects that are of national eminence. These include human spaceflight, planetary exploration and planetary defence.
The new space policy is by no means comprehensive. While it lays down the groundwork for establishing a robust space industry in India, the Union government and other agencies must build on specific elements of the policy to successfully oversee its implementation.
