Military, Space, Sports & Media Law

1950–1957

The Military Service Acts

Army, Navy and Air Force

Military discipline is governed by the Army Act 1950, the Air Force Act 1950 and the Navy Act 1957. Under Article 33, Parliament may restrict the fundamental rights of members of the armed forces to ensure discipline.

• Article 33 allows restriction of fundamental rights.

Courts-Martial

Military trials

The Army Act provides for four kinds of courts-martial: general, district, summary general and summary courts-martial. Appeals lie to the Armed Forces Tribunal, and from there to the Supreme Court.

• Four kinds of courts-martial.

1958

The Armed Forces (Special Powers) Act

Powers in "disturbed areas"

AFSPA, first enacted in 1958 for the Naga Hills, gives the armed forces special powers, including to use force and arrest without warrant, in areas declared "disturbed", and requires Central sanction to prosecute soldiers. In Extra Judicial Execution Victim Families Association v. Union of India (2016), the Supreme Court held that there is no absolute immunity for excessive force, even in disturbed areas. AFSPA has been withdrawn from several areas in recent years.

• First enacted for the Naga Hills (1958).

2020–2023

Indian Space Policy 2023 and IN-SPACe

Opening space to private firms

In 2020 the government created the Indian National Space Promotion and Authorisation Centre (IN-SPACe) to authorise and promote private space activities, and the Indian Space Policy 2023 set out the roles of ISRO, IN-SPACe, NewSpace India Limited and private companies. India does not yet have a dedicated space activities law.

1972

Space Liability

Who pays when satellites fall?

The Convention on International Liability for Damage Caused by Space Objects (1972) makes a launching state absolutely liable for damage caused by its space objects on the Earth's surface or to aircraft in flight. The only claim settled under it was Canada's against the USSR after the Soviet satellite Cosmos 954 crashed in Canada in 1978.

• Cosmos 954 (1978) is the only claim settled under it.