Subas Chandra Nembang: Key architect of Nepal’s new constitution

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.

 

Greed and fear-driven policy-making

One of the factors behind the 2008 financial crisis was the liberalization of mortgage lending. Banks would give out mortgages to people who should not have qualified for a mortgage out of greed. They wanted more and more people locked into repaying them loans for the rest of their lives! But the banks’ greed came back to bite them in 2008 when so many people couldn’t pay back their mortgages that many banks and insurance firms went bankrupt, causing a global financial crisis.

Nepal was striding toward good governance with the reinstatement of democracy in 1990. But the Maoist insurgency that began at that time took a toll on that stride. These days, greed, a strong desire for more wealth and power and its evil twin envy—the desire for what other people have in the society—seems to be gripping the Nepali society, especially those at the upper echelons. 

A slide into survival culture

Nepal’s ‘rich culture’ is converting into a ‘survival culture’. 

Rich culture is the source of national pride that contributes to the diversity and identity of a community and plays a significant role in shaping its values, social norms, and history, fostering intercultural understanding, and enhancing global diversity. It encompasses various traditions, customs, arts, and practices aspects like language, art, music, dance, literature, cuisine, clothing, and religious beliefs that have been developed and passed down through generations within a society and often celebrated through festivals, rituals, and other cultural events.

Whereas survival culture refers to the knowledge, skills and practices necessary for individuals or communities to endure challenging or threatening situations. It is often associated with indigenous or marginalized groups, who have adapted to harsh cultural and less opportunistic upbringings. Survival culture includes maintaining the communities’ own cultures, practices and skills like religious beliefs and traditional practices. It ensures the survival and sustainability of communities in an ongoing unfavorable condition and helps preserve their unique identities and ways of life.

The social foundation of Nepal is ever changing. The country’s ‘rich culture’ is ‘exhausting’ and steering into a ‘survival culture’. The change in behavior patterns to self-centeredness at the cost of losing Nepal’s identity is in the making. 

Rebecca Henschke, BBC’s Asia editor and Korean journalist Kevin Kim in the ‘Heart and Soul’ episode, said Nepal has one of the fastest growing Christian communities in the world with South Korean missionaries like Pang Chang-in and his wife Lee Jeong-hee helping to drive the growth. This is a rare insight into an organized and increasingly controversial Korean mission, spreading the Christian faith with new churches and cultivating the next generation of Nepali Christian leaders in the Himalayas. It is a risky undertaking as those found guilty of converting people face up to five years in jail in Nepal. 

Moreover, Nepal’s culture and traditional practices are giving in. Nepal’s strategic positioning with faith as a factor for political influence cannot be overlooked. The majority Hindu inhabitants, fast growing Christians community and rising Muslim residents are all carving their spaces in the region as never before. This is a very complex problem with no easy solutions. It will add to the fragile national security environment with complexities unless the nation focuses on answers when liberties of the minorities are raised in a decade to come. 

Conclusion

This is also a behavioral approach to national security with direct implications for regional security. National character is led by fear, greed, incompetence, ineffectiveness, inefficiencies and shortsightedness. Secure national character contributes to national security when insecure national character furthers to national insecurity. Simple questions that arise or can be asked about behavior science for national security and nation building are: Was federalism endorsed as a national requirement or a greed-led distribution of power? Was secularism meant to preserve and enhance the cultures, traditions and religious practices and national desire or was it an influenced endorsement for other’s aspirations? 

Other cases in point are the debates in the society and the Parliament of how Nepal is insecure with the Millennium Challenge Corporation’s Nepal Compact between the American aid agency MCC and the government of Nepal that is designed to increase the availability of electricity at lower costs as well as the State Partnership Program (SPP) to assist the Nepali Army on fulfilling its responsibilities with humanitarian assistance, improving capabilities contrary to the disinformation that it was part of the Indo-Pacific strategy and a geopolitical tool to contain China. The Chinese Belt and Road Initiative is another concept that is contested when strategic infrastructure development is a need and assistance with grants is a viable approach.   

The point is national characteristics such as greed and fear in policy-making should be taken as risk and how behavioral approaches to growth alienate and antagonize nation-building. Negative behavioral approach to nation building is bad. So “national character building” must be addressed. Winston Churchill said “Fear is reaction. Courage is a decision”.

There is a tendency to criticize, finger-point and deflect the citizenry with self inventions about the roguish foreign interference, when in reality it is the fallout of fear, greed, incompetence, ineffectiveness, inefficiencies and shortsightedness, which are complex problems with no easy solutions. 

The utmost menace big or small is a perception rather than realism with an insecure frame of mind, with confidence to make up rationality and strategic wisdom to recompense for own contentment, incompetence and absence of self-knowledge. Indeed, more often than not, the biggest threat is one’s own fears and own greed. Threat has also increased almost in parallel with the decline of self-confidence.

Preserving and safeguarding the cultural richness of Nepal requires various measures and efforts. They include, documentation and research, education and awareness, legal protection, community involvement, sustainable reasonable tourism that respect cultural values and finally invest in training programs, workshops, and capacity-building initiatives and community engagement with internationally supported programs.

Greed-led national policies can have profound consequences, impacting various aspects of society, from the economy, social order to governance. It is critical to recognize the risks and potential drawbacks related to giving precedence to individual gains over collective welfare. By promoting ethical governance, striking a balance between self-interest and public welfare, and fostering inclusive policy-making processes, nations can mitigate the negative consequences and inconsistent behavior. 

The author is a Strategic Analyst, Major General (Retd) of the Nepali Army, and is associated with Rangsit University, Thailand

Perception and reality

Do we perceive the real or what we desire to see? Two observers of the same event often recall differing details. Patanjali prescribed yoga to discipline the mind and dampen its wanderings, chittavritti nirodha; otherwise perception gets clouded by rationale, opposites, alternatives, sleep and memory. A well aware person’s brain emits clean theta waves that maintain long range temporal correlation, but the beta waves of people with confused identity lose such correlation due to interference with neural noise (Sci Rep 11, article number 422 (2021)). Sensors, used by scientists to extend their own, are cooled to reduce inherent noise. Touch, taste, smell, sound and sight are identified as the five physical senses, but the Gita teaches that the mind is the sixth sensor, indriyanam manashchasmi. So the conscious living mind cannot be completely stilled. This issue was thrust upon physicists as they explored the nanoworld of atomic interactions. Planck discerned light as a stream of discrete energy photons in 1900 to usher in the quantum era. Integers in the Balmer formula, for the wavelengths of light emitted by hydrogen atoms, arrived 15 years too early to be realized as quantic. Another 13 years passed before Bohr related it to quantized electronic momentum, which in turn was seen as a standing electron wave by de Broglie a decade later. The 2022 Nobel Prize in physics was awarded to Alain Aspect (France), Anton Zeilinger (Austria) and John Clauser (USA) for experiments supporting quantum randomness over local reality. 

Wave-particle (or spirit-matter) duality of nature is not dialectical but complementary. Delayed choice experiments prove that the two apparitions cannot be seen simultaneously; a quantum immediately erases its wavy history for a particle detector, and vice-versa. Similar waves superpose to make bigger or smaller ones. This led Schrodinger to think of his cat in a live+dead superposed state until let out of the bag. Infinitely superposed general waves collapse randomly into one of the constituent eigenstates at detection. Einstein bemoaned how anyone can believe “that the Moon is not there when you are not looking at it.” Heisenberg’s limit on determinism required the product of uncertainties in conjugate variables like position and momentum to be greater than the Planck constant. A particle is located at best within the wavelength of light that bounces off it; more precision with shorter wavelength transfers higher momentum which becomes more uncertain. Wigner paradox, on seeing a quantum system differently than his friend, is under test. 

Einstein used quantum to explain many effects and got the Nobel Prize for photoelectricity. Skeptical of the randomness, he later declared “God does not play dice with the Universe,” and Bohr retorted, “Stop telling God what to do.” Einstein, with Podolsky and Rosen, proposed the EPR paradox in 1935 to precipitate the issue. A subatomic particle like neutral pion at rest can decay into a photon pair, or any other allowed particle-antiparticle, that fly off in opposite directions with opposite spins and other quantum numbers. Measuring the properties of one immediately tells of the distant partner. Such faster than light “spooky action at a distance” as Einstein called, violates causality that requires cause to precede effect. They thought it suggestive of hidden variables that would preserve local reality. Schrodinger conjoined the decay pair into an entangled state of highly correlated components. Bell proved a theorem requiring the correlation coefficient of measurements in a locally real hidden variable theory to be less than a certain value, while quantum randomness would make it greater.

Clauser modified Bell inequality in 1972 to make it measurable, entangled photons about six meters apart, measured a greater value to reject local realism, and lost his two dollar bet against quantum randomness. In the next decade, Aspect closed the unidirectional loophole of Clauser’s observation, with random directional views of entangled photons traversing through 12 meters. Can a hidden variable impose sequence on what appears random? Then Zeilinger, who had entangled photons about half a kilometer apart, devised a method in 2017 to use light emitted by stars hundreds of light years away to generate randomness. One could still argue that the randomness was wiped out by an encoding in the starlight, about an experiment to be performed by an unborn scientist. Every loophole cannot be closed but becomes ever more fantastic, setting quantum theory on a stronger base. A scientific theory has to remain continually verified by experiments to ever increasing precision till the present; a single contradiction turns it into fiction. 

Entanglement is used in teleportation to produce an exactly similar state elsewhere; but two identical states cannot co-exist, so the original has to be disentangled immediately; hence they can be used for unbreakable encryption in quantum networks. They are also the qubit of  quantum computers. Binary digits (bits) are stored in our classical computer as either of two states represented by 0 and 1. A qubit can store any of the infinitely different superpositions of its two states, all fractions from 0 to 1, making quantum computers many fold quicker. In a recent interview with the Spanish newspaper El Pais (14 June 2023), Zeilinger says that a full quantum computer would require thousand qubits, and the present ones have just about 50. He thinks that quantum computers will enter cell phones in a hundred years. The Austrian Academy of Sciences entangled photons almost 250 km apart in an optical fiber, Max Planck Institute entangled a cluster of 14 photons, and the MIT atomic clock has been stabilized with entangled photons to lose less than one second in 150bn years. The whole Universe could be a single quantum state, entangled in a neural network (doi.org/10.3389/fphy.2020.525731) of the cosmic web that ensnares every mass to comprise the mind of nature. 

As any observation physically affects the observed, absolute reality is unknowable. A surrounding that adjusts to our sense of awareness tells that nature is intrinsically conscious. This possibility will be discussed in subsequent articles. 

The author is a professor of Physics

Forge national consensus on foreign policy

In a multiparty democracy, even if there are differences among the parties on other issues, let us establish the tradition of maintaining national consensus on foreign relations and foreign policy and always follow it. No one should make an open or opaque agreement with any foreign power against national interest for political parties, factions and private interests. In the context of a new Cold War (or Hot War?) unfolding with Asia at the center, Nepal should pay attention to its unique geo-strategic location. 

On one hand, we have to end the traditional dominance of some entity and maintain our complete independence/sovereignty/geographical integrity. On the other, we have to prevent our fall into the abyss. With regard to PM Pushpa Kamal Dahal’s visit to China, emphasis should be on implementation of previous agreements and quick construction of physical and other infrastructure that will connect Nepal with China’s vast market.

The author is a former prime minister