Vikrant Rana
SS Rana & Co, New Delhi
vikrant@ssrana.com

Shantam Sharma
SS Rana & Co, New Delhi
shantam@ssrana.com

India’s space start-up ecosystem has witnessed remarkable growth over the past decade, with the number of space start-ups increasing from a mere one in 2014 to 189 in 2023, according to the Department for Promotion of Industry and Internal Trade’s Startup India portal.^[1] The surge in interest is evident, with Indian space start-ups attracting US$124.7m worth of investments in 2023 alone. This dynamic growth has been significantly influenced by the national Space Policy 2023,^[2] 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: (1) any object launched or intended to be launched into an orbital or suborbital trajectory around the Earth or to a destination beyond Earth’s orbit; (2) any constituent element of such an object; and (3) 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 United Nations Convention on the Registration of Objects Launched into Outer Space.^[3] This registry plays a crucial role in maintaining oversight and ensuring compliance with international and national regulations related to outer space.

Eligibility criteria for registration^[4]

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 Authorisation Centre (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 according to 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.

The pre-registration procedures are as follows:

• Indian entities owning a space object must apply for registration by providing all the necessary information to IN-SPACe as part of their application for authorisation in terms of their establishment, operations or launch of the space object. This information is evaluated for correctness, consistency and compliance with the space debris mitigation requirements;
• in the 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; and
• upon satisfactory completion and evaluation, IN-SPACe communicates the approval of the registration to the applicant. However, this does not guarantee the acceptance of the authorisation application by IN-SPACe.

The post-registration procedures are as follows:

• before launch: any changes in the launch date, lift-off timings or 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 the following aspects should be notified:
    • injected orbital elements (within 12 hours of injection);
    • the Satellite Catalogue Number, also known as the NORAD Catalogue Number or NORAD ID, as well as the International Designator, which is an international identifier assigned to artificial objects in space (within four weeks of injection);
    • predicted ephemerides, including orbit acquisition manoeuvres (as applicable); and
    • any off-nominal performances or anomalies and their impact on the space environment.
  • periodic notifications (until the end of the mission):
    • orbital details including the apogee, perigee, inclination and period (including any changes);
    • controllability;
    • manoeuvrability;
    • fuel availability;
    • major configuration changes, if any;
    • details of any project milestones achieved or specific achievements reportable to international bodies like the UN, the International Academy of Astronautics and the Inter-Agency Space Debris Coordination Committee;
    • changes in the mission objectives, if any; and
    • changes in the user segments, if any.
  • special, high-priority, immediate notification:
    • critical close approach to other space objects;
    • event-based declarations:
      – change of ownership;
      – orbital migration;
      – critical system failure;
      – loss of control;
      – loss of manoeuvrability (including fuel exhaustion);
      – premature mission termination;
      – end-of-life;
      – post-mission disposal; and
      – atmospheric re-entry (controlled/uncontrolled).
  • regular sharing of ephemerides:
    • operational ephemerides of satellites owned by non-government entities must be shared with IN-SPACe via the IN-SPACe Digital Platform (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; and
    • for any planned manoeuvre, the expected ephemeris during the burn and post-manoeuvre phase should be shared.

It is clarified that IN-SPACe does not guarantee that the authorisation of an application will necessarily be accepted, even where the post-registration procedures are completed.

Conclusion

As India’s space sector opens up even further to private players, the clear regulatory pathways and support mechanisms outlined in the national Space Policy 2023 allow start-ups to pursue ambitious projects, attract investment and push technological boundaries. With increased access to international collaborations, funding and government-backed initiatives, Indian space start-ups are poised to play a transformative role in the global space economy.

In essence, the Indian 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 start-up ecosystem is set to chart new orbits of growth and innovation.