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On a fateful day in Nepal’s history, 16 Sept 2015, the nation stood at a crossroads, poised to embrace a new constitution. The air was thick with anticipation and tension, as the Madhes-based parties and neighboring India exerted immense pressure to delay the process by a few days. In the midst of this high-stakes drama, the then President Ram Baran Yadav found himself torn between the demands of delay and the promise of progress.

In a meeting at Sheetal Niwas, President Yadav handed over Constituent Assembly (CA) Chairman Subas Chandra Nembang a letter that bore the weight of uncertainty. This missive, a plea to postpone the constitution’s endorsement, became a pivotal piece in the puzzle of Nepal's constitutional destiny.

Nembang received this letter, but instead of presenting it at the CA meeting, he boldly set a date, Sept 20, for the grand promulgation of the new constitution. The stakes were high, and the tension palpable. Upon returning from the President's office, Nembang doubled down on his commitment to the cause. 

Had Nembang yielded to the pressure and presented that letter, the course of history might have taken a different turn. The constitution would not have been issued in its current form or might never have seen the light of day. This riveting episode is immortalized in the book, ‘Kathmandu Dilemma: Resetting Nepal-India Ties’, by Ranjit Rae, the former Indian ambassador to Nepal. 

“At a late stage during the Constitution drafting process during the first fortnight of September 2015, he ( President Yadav) had sent a letter to the Constituent Assembly (CA) Chairman formally conveying his views but the Chairman of Constituent Assembly, Subas Nembang, refused even to share the message with members in the ground,” recounts Rae.

Nembang, the stalwart chairman of the CA, who played an indispensable role in the birth of Nepal's new constitution, has sadly passed away at the age of 70. He led the CA that had to be elected twice in the run-up to the promulgation of the new constitution.

He once famously quipped to the media: “I am not the former chairman of the CA but ‘the chairman’ of the CA.” Indeed, he presided over a historic body, unparalleled in Nepal’s political history, entrusted with the sacred task of drafting a new constitution. 

Nembang will forever be remembered as a key architect of Nepal’s constitutional renaissance. He skillfully juggled the roles of speaker and CA chairman, navigating treacherous political waters with a remarkable lack of controversy. He was soft-spoken and composed, yet possessed a commanding presence that allowed him to engage in frank and candid discussions with top leaders from major parties, no small feat in a divided political landscape.

In the twilight days of the CA, Nembang, like other senior leaders, faced insurmountable pressure to halt the constitution’s promulgation. Despite these formidable obstacles, he remained unwavering in his commitment to consensus among political parties. He had an innate talent for finding common ground on contentious issues, and he firmly believed that the CA itself could craft the new constitution if parties could unite.

Constitutional experts and former CA members sing Nembang’s praises for his role in ushering in the new constitution. He not only excelled in the constitution drafting and promulgation process, but also championed its effective implementation and protection. Nembang’s conviction that the country could not forge a better constitution in the current climate drove his unwavering dedication, even in the face of mounting challenges to the constitution's legitimacy.

Constitutional expert Radhe Shyam Adhikari says Nembang not only played an exemplary role to draft and promulgate a new constitution, but also championed for its effective implementation and protection. 

Nembang’s conviction that the country could not forge a better constitution in the current climate drove his unwavering dedication, even in the face of mounting challenges to the constitution’s legitimacy.

Even after the constitution’s promulgation, Nembang, as a senior leader of the CPN-UML, continued to play a pivotal role in crafting the laws necessary for its implementation. His final days were marked by intense cross-party negotiations aimed at resolving the lingering issues of the transitional justice process. His parting words held a promise of progress for Nepal’s international standing, a testament to his unyielding commitment.

Nembang harbored aspirations to become the president after the constitution’s promulgation, yet internal dynamics within the UML thwarted this ambition. Throughout his career, he consistently advocated for the middle ground in politics, seeking consensus among parties even during the most trying times.

His counsel to go for a fresh CA elections during the impending dissolution of the first assembly in May 2012 to avoid parliamentary vacuum and his quiet resistance to the 2021 parliamentary dissolution by his party leader KP Sharma Oli, all underscored his dedication to Nepal’s political stability. 

Nembang was a giant of Nepal’s political arena, whose legacy will forever be etched in the annals of the country’s modern political history. He will be remembered as a gentle statesman who expertly navigated the turbulent political waters to chart a course toward progress and unity.

Prime Minister Pushpa Kamal Dahal paid final tribute to Constitution Assembly Chairman and CPN-UML Vice-Chairman Subash Chandra Nembang.

Similarly, Nepali Congress President Sher Bahadur Deuba and CPN (Unified Socialist) Chairman Madhav Kumar Nepal among others leaders also paid last tribute to Nembang.

Earlier, UML Chairman KP Sharma Oli paid tribute to Nembang by draping the party flag over his body.

Leaders and cadres of various political parties have reached the party headquarters in Chyasal, Lalitpur to pay their last respects.

Nembang, who suffered a cardiac arrest, while undergoing treatment at the Maharajgunj-based Tribhuvan University Teaching Hospital at 1:30 am today.

The mortal remains of Nembang have been kept at the party headquarters to pay final tributes.

It has been learnt that the body will be kept at the party headquarters the whole day today.

The government has also decided to cremate Nembang with state honors.

The Koshi Province Government has put an end to the ‘budget holiday’ situation in the province by introducing legislation for government spending through an ordinance.

Province Chief Parshuram Khapung on Sunday issued the Financial Ordinance and Appropriation Ordinance on the recommendation of the provincial cabinet. Hikmat Kumar Karki of CPN-UML was appointed as the Chief Minister of the province on Friday, following a mandamus order from the Supreme Court. He has already appointed three ministers and a minister of state to his cabinet.

The newly-appointed Minister for Water Supply, Irrigation, and Energy, Til Kumar Meyangbo, said that the provincial government has resolved the situation of budget vacuum in the province by bringing legislation to mobilize revenue and make expenditures through ordinances. Earlier, the Karki-led government had issued a budget through an ordinance. He had proposed to spend Rs 36.24bn, with Rs 14.39bn allocated for recurrent spending and Rs 18.23bn for capital expenditures. However, the ordinance couldn’t be replaced by an Act from the provincial assembly, as Karki lost a confidence vote in the provincial assembly on June 30.

Karki was succeeded by Uddhab Thapa of Nepali Congress as the chief minister a week later. However, the Supreme Court removed Thapa from office on July 27, as he had relied on the support of Speaker Babu Ram Gautam to form his government. Speaker Gautam had previously introduced a replacement bill in the provincial assembly, but no discussion on the bill could take place as Thapa recommended to the Province Chief to prorogue the budget session.

Gautam later resigned as Speaker to pave the way for formation of government under Thapa’s leadership for the second time on August 1. However, he was once again removed by the Supreme Court on Sept 7. Nepali Congress assembly member Israil Mansuri, who was chairing the session in the absence of Deputy Speaker Sirjana Danuwar, had given a vote of confidence to Thapa. The apex court declared the confidence vote unconstitutional and ordered the Province Chief to form a government under the leadership of the largest party in the provincial assembly. Karki returned to power in Koshi Province on the basis of the Supreme Court order. The budget, which was initially brought through an ordinance, should have been passed by introducing a replacement bill by Aug 27. Since that did not happen, a situation of budget holiday arose in the province.

Ten ordinances issued in six years

As many as 10 ordinances have been issued in Kosi Province over the past six years. In both terms of the provincial assembly, political parties have bypassed the assembly to enact legislation through ordinances to serve their interests. In most cases, governments have resorted to ordinances due to their failure to secure majority support for legislation. The constitution allows governments to use ordinances only in situations where the provincial assembly cannot convene. However, there are instances of parties issuing ordinances by proroguing the session of the provincial assembly. On the government’s recommendation, the province chief issued two ordinances on Sunday. After the ordinance brought for the 2023/24 fiscal year was not passed by the provincial assembly and became inactive, the government was compelled to issue another ordinance to end the budget vacuum.

Former Chief Minister Sherdhan Rai first issued the Province Financial Procedures First Amendment Ordinance, 2018, on May 23, 2018. Rai then issued the Province Financial Procedure Second Amendment Ordinance, 2078, on June 2, 2021. Another Chief Minister, Rajendra Kumar Rai, issued the Province Civil Service Ordinance, 2022, and the Ordinance to Amend Some Acts, 2022, on September 27, 2022. Hikmat Kumar Karki issued the Local Service Formation and Operation Ordinance, 2023, and the Province Civil Service Act First Amendment Ordinance, 2023, on April 27, 2023 in his first term as the chief minister.

The CPN-UML has decided to fly the party flag at half-mast for three days to mourn the death of Constituent Assembly Chairman and party Vice-Chairman Subash Nembang.

An emergency Secretariat meeting held at the party headquarters in Chyasal, Lalitpur decided to place condolence books at the party central office, province office and his election constituency Ilam.

The meeting also endorsed a special condolence motion.

Nembang succumbed to a heart attack at 1:40 am today while receiving treatment at the Tribhuvan University Teaching Hospital in Maharajgunj. He was 71.

His body has been kept at the party headquarters in Chyasal for final tributes.

The government has decided to cremate Nembang with state honors.

An emergency Cabinet meeting held this morning has decided to give a public holiday on the day of his cremation.

Nembang’s last rites will be performed after his sons come to Nepal.