EDITORIAL: CONSTITUTING THE COSMOS: GLOBAL CONSTITUTIONALISM, PUBLIC TRUST, AND THE REGULATION OF OUTER SPACE IN INDIA

Abstract

As the Indian Space Research Organisation opens itself to private players, the privatisation of India’s space sector must be constitutionally sound, democratically supervised, and designed to protect both public interest and individual rights. Using precedents such as the 2G Spectrum and Coalgate cases, this article contends that space resources like orbital slots, spectrum, and launch infrastructure must be allocated through transparent, non-arbitrary mechanisms. It also examines privacy and data governance challenges posed by remote sensing, geospatial technologies, and the Digital Personal Data Protection Act, highlighting risks of unchecked state and potentially, private surveillance, all through the lens of reasonability and the public trust doctrine. Internationally, it critiques the lacunae in the Outer Space Treaty and the selective applicability of instruments like the Artemis Accords, calling for stronger global accountability measures within the country.