The Chairperson could have called the top leaders of the political parties that were unable to prepare the draft reports owing to differences that surfaced every day on meetings to the committees. That would have contributed towards leading the discussion to logical conclusion. The Constituent Assembly Regulations 2007 has bestowed this privilege on him. But the Chairperson played very insignificant role in this regard.

Subash Nemwang was elected Chairperson of the Constituent Assembly and the Speaker of the legislature-parliament unopposed on July 24, 2008. He has been assuming the role of the Chairperson of the CA and the Speaker of the legislature-parliament ever since.

The CA meeting that Nemwang himself had chaired had approved the 82-week-long CA calendar of events to finish the constitution-writing process by May 28, 2010. But even after the tenth amendment to the timeline, when the draft of the constitution could not be prepared within the stipulated time, the CA ceased to amend the calendar itself. Though Nemwang could posit himself as the candidate of consensus, his role was not effective as the deadline of the constitution-writing process was nearing.

After July 24, 2008, Nemwang spent most of his time in entourage towards districts, inauguration of programmes, foreign visits, and interaction with journalists. As a result the main CA calendar began to be affected from the very beginning. And in the end it became dysfunctional. Even after that the Chairperson took no initiative to go to the committee meetings himself and settle the differences between the parties over the contentious issues because of which the draft reports had not been prepared. Yes, he had summoned the chairpersons and other officials of the respective committees to his office and pressurised them to prepare the draft reports. But this effort of the Chairperson was not effectual either.

No thematic committee could prepare and submit their draft reports to the CA though the deadline set was April 22, 2009. The Committee for Determining the Form of the Government and the Committee on State Restructuring and Distribution of State Power submitted their reports much later than the set deadline. The Committee on State Restructuring and Distribution of State Power was the last committee to prepare the draft report on January 20, 2010.

Despite all this, the Chairperson did not care to think of the measures to end the deadlock except for saying “please finish your work soon”. He did not give adequate time for this. He could have called the political party leaders to the committee meetings that had been unable to prepare the draft reports and thus contributing to taking the discussion to a desired end. The Constituent Assembly Regulations 2008 had granted the right to him to call the party leaders to these meetings. He seemed more guided by the psychology of “don’t anger anyone, be pleasant to everyone”, and thus carried out his responsibility. This sacred philosophy of his was not enough to bring the parties together that were facing ten different directions.

As a result of this, the (dis)credit for inability to frame the constitution within the stipulated time also goes to Nemwang. He himself partly agrees to this. To a question asked to him in an interview with the Kantipur daily on Jestha 9, 2066 BS, “You have been criticised for not being able to carry out the coordinating role in the capacity of the Chairperson of the CA”, he said, “When any work is not finished within the stipulated time, the question arises naturally. I have understood it accordingly. I have taken the criticism positively.” In the capacity of the Chairperson, he could have directed the party leaders to settle the contentious issues by setting them a deadline. He did not seem to have felt the urgency towards that end and worked accordingly.

Two-year term of the Constituent Assembly ran out in chanting the mantra of consensus and nothing more. Still the political parties could not come together on the fundamental issues of the constitution. After the heaps of contentions found their way in the reports of the thematic committees and finally reached the CA, a committee to study those reports, namely the Committee for Studying Reports and Recommendations, was formed. But as the parties could not reach a consensus, this new committee will not be able to do anything over the fundamental issues.

Why did the Chairperson become so weak and passive? Firstly, he did not want to hurt and anger anybody. Experts say he must have envisioned himself as a consensus candidate for the future president of Nepal. He must have hoped to be one. The same expectation must have delimited his role and made it insignificant. Second, he could not raise himself above the party politics. He even presented himself in the eighth general convention of UML in Butwal. He can be considered to have made his prospect of becoming the “Ambedkar of Nepal” even thinner. Really, he would have become the Ambedkar of Nepal.

The role and responsibility that has come his way now is unlikely to be received by another person. So if, by realising the weight of his position and the bigger duty it entails, he had taken initiative in expediting the constitution-writing process, he would raise his height even higher. Personally he is an endearing person to all and all love him too. But time will judge him for what he did during his crucial years in the CA and the decisions (he took almost none) he took during the difficult times, not how likeable he had been and what relation he had been able to establish as the Chairperson. Transitional Nepal is waiting for him to be judged again. And thirdly, he could not execute and enforce the Constituent Assembly Regulations that had been passed under his own chairmanship. The person in a decisive role should sometimes take the risk in making decisions. He should not care much about the criticism and praise that his moves beget. The ability of a man is tested in such a critical time period. Chairperson Nemwang must learn to face both criticisms and praises and must not forget this responsibility.