Maoist Movement of Nepal:Development of Tactics and Strategies Legal and Political Aspects

Maoist Movement of Nepal:Development of Tactics and Strategies
Legal and Political Aspects





By
Attorney/CA Member
KHIMLAL DEVKOTA





SUBMITTED TO
KYOTO UNIVERSITY,JAPAN
3rd Dec 2011
 
contents
EXECUTIVE SUMMARY 2
Part One 3
1 INTRODUCTION 3
1.1 General introduction 3
Part Two 3
2 THEORITICAL DEVELOPMENT 3
2.1 Historical facts about revolution: 3
2.2 Reassessment of Nepali history 4
2.3 Establishment of Objectives 5
Part Three 5
3 IMPLEMENTATION 5
3.1 Class analysis: force of the revolution 6
3.2 Findings of analysis: possible problems 6
3.3 Series of tactics envisioned 6
3.4 Development of MLM: Nepal's specific as "Prachandapath" 7
3.5 Development of democracy in 21st century 7
Part Four 8
4 PRACTICAL DEVELOPMENT OF MLM IN NEPALI CONTEXT 8
4.1 Chunbang meeting: major event 9
4.2 Kamidanda meeting: major event 9
4.3 Balaju -Kharipati-Palungtar and Parisdanda: 9
Part Five 10
5 TACTICAL FLEXIBILITY AND STRATEGIC RIGIDITY 10
5.1 Tactics and strategies 10
Part Six 12
6 MAJOR ACHIEVEMENTS 12
Part Seven 12
7 Political development and constitution writing process 12
8 CONCLUSION 13



EXECUTIVE SUMMARY
Nepal, country with full of diversity in terms of geography, culture, economy, religion, ethnicity social characters and structures and several others, is fertile for creating revolutionary environment. On this backdrop, various political movements have engaged us of which a decade long people's war is the most prominent of all. The first part of the paper deals with general background of the character of the Nepalese society that was fertile for fueling the various political and revolutionary movements.
Second part deals with theoretical aspect of the Maoist movement in Nepal, theoretical development on the basis of historical fact, reassessment of historical development, understanding of ground reality of Nepalese society to begin the people's movement and the detailed analysis of the characteristics of Nepalese society and envisioning the pragmatic path to make it compatible with Marxism in contemporary situation. Concrete analysis of concrete situation is a maxim is trying to apply in Nepali context.
Part three is focused on theoretical development of MLM in Nepalese context and its implementation. Pragmatic approach of the MLM in Nepal and its maneuver to explain class analysis based on the finding of problems on strategy and tactics adopted by Russian model of revolution or Chinese model and model of democracy in 21st century are embodied in this section.
Fourth part of the paper explains the practical development of Marxism in Nepal context with some popularly known events such as Chunbang meeting, Balaju, Kharipati, Palungtar plenum and Perisdanda meeting.
The fifth part of the paper provides better insight on the experience of tactical flexibility and strategic rigidity and its relevance to the Maoist's movement in Nepal based on my experience. It also highlights our historical responsibility, Marxism, imperialism and the rising of the middle class of 21st century.
Part six is focused on major achievement of the Maoist movement such as declaration of republic, election of CA, inclusiveness, federalism, secularism etc. Part seven highlights the present political condition legal aspects of constitution writing and its linkage to the combatant management. Finally the conclusion which provides the plausible explanation behind the achievements of the Maoist movement in Nepal; and recent political and legal development. It emphasizes on the pragmatic approach with the up to date analysis of the national and international milieu is the first and foremost factor for the uprising of any political movement and for the socio-economic transformation.
Part One
1 INTRODUCTION
1.1 General introduction
Nepal is a landlocked country, which is surrounded from three sides by the expansionist India and in the north surrounded by the reformist China. It has diverse geographical terrain along with diversity in culture, ethnicity, language and climate. A large section of the Nepalese people is spread in different countries for employment, mainly in India for army and other kinds of jobs.
In Nepal, a centralized reactionary state equipped with a modern, powerful and lavish army and a bureaucracy with centralized governing system has been in existence. The economic and resource distribution has been uneven. Nepal is predominantly rural and the exploited peasants, who represent 90% of the total population, are spread in these villages. Centuries of poverty and inequality, social and political exclusion, gender, caste and ethnic based discrimination, skewed distribution of the resources of production, and corruption and bad governance were the primary characteristics of the then Nepalese society. The unwillingness of the state to invest in infrastructure, such as roads, schools, hospitals, electricity, drinking water and irrigation exacerbated social exclusion and structurally embedded poverty. Spatial disparities caused feelings of injustice. These features of the then Nepalese society were predominant in remote areas of Mid-Western and Far-Western Development Regions. Thus the socio-economic condition, geographical isolation, poor governance, centralized governing system, ideological contention, disproportionate allocation of the resources, skewed distribution of resources, historical legacy, development of international strategy on socio-economic and military aspects, conflicting interests of international actors, royal coup and development of national politics etc. fuelled the revolutionary movement.

Part Two
2 THEORITICAL DEVELOPMENT
2.1 Historical facts about revolution:
History of the Nepalese communist party dates back to half a century but those initiatives were without any tangible achievements. Nepali Congress adopted the armed struggle in pursuit of democracy against the tyranny of Rana regime at the time when the spawning communist movements were not in their capacity to adopt it. Later on, the communist movement has taken various forms and essences with the popular support. However the fledging communist movements were mired by intra party struggle, rifts and division and this has became the characteristic of the communist parties. The time period of around 1950's Jhapa Revolt, 1972, 1980's and 90's movements were led by communist parties but most of them were mass-movements not related with communist movement. Communist parties were limited to reading, writing, publishing statements, division and counter and encounter each other. So, without proper reassessment of the situation another revolution was out of imagination.
2.2 Reassessment of Nepali history
In order to develop the tactics for the people's revolt, the party reassessed the history and its legacy. Through the reassessment the party identified the following facts about the Nepali history
A. The analysis of the reactionaries that the king and monarch are deep-rooted in the Nepalese society is not true. The tradition of the Nepalese society has not been monarchist but democratic and autonomy-oriented.
B. The shameful defeat in the war with British-India and nature of the treaty signed indicate the contradiction and alliance of feudalism and imperialism and led Nepal to semi-colonial state. But this treaty however exposed the national capitalist character of feudal ruling classes and thus nurtured the development of patriotic and national feeling of modern sense amongst the people.
C. Needs to lay the foundation of a consolidated national unity on the basis of equality and freedom in accordance with the right of nations to self-determination for the new democratic revolution was assessed.
D. Observing the fall of Rana Regime it was reassessed that the Party should always make efforts and struggle to be flexible with due consideration to the fluidity of other political groups and to protect itself from its influence.
E. The major subjective factor behind the failure in making due political advancement even after the continuous struggle of the Nepalese people since around 1950 and their dedication, devotion and sacrifices displayed in them, is nothing but the reformism and revisionism dominant in the Nepalese communist movement.
As a result of reassessment of the history of Nepali society, governance and political movements, following realities were recognized.
o Nepal was recognized as a semi-feudal & semi-colonial country reeling under the double exploitation & oppression of feudalism & imperialism with large proportion of population (more than 91%) constitutes of the pauperized, landless, and poor and lower class peasants scattered over the vast rural areas.
o The skewed socio-economic condition and lack of political consciousness among the general public, qualitative and quantitative weakness of the modern working class due to underdevelopment of the industries in the cities leveraged the power of the enemies that are centralized in the city. And the enemies are much more powerful as compared to that of the revolutionaries.
o According to the experiences of class struggle in the era of imperialism, it is possible to develop a militant & revolutionary Party, new culture & revolutionary people’s movement and to bring about radical change in society only by moving ahead along the path of People’s War from the very beginning.
o It was finally recognized that to lead revolution is to lead the people's war.
In conclusion, it was found that
• Even general reforms taken as a byproduct of violent and illegal struggle. The reactionary propaganda that the Nepalese people are peace loving and that they don’t like violence is absolutely false.
• Nepali peoples are great warrior of the world. In national context, from the year 1951 onwards, mainly the Nepalese peasants and other sections of the people have been joining in countless number of violent & armed conflicts against the reactionary state and the anti-establishment feelings among the Nepalese people has been very strong.
• Finally it was concluded that fighting against imperialist, feudal forces and the reactionaries is greatest responsibility of the New Democratic Revolution because the revisionist elements have been time & again ditching & conspiring against the fighting tendency of the Nepalese people.
2.3 Establishment of Objectives
To attain the goal of establishing a New Democratic republic the following policies were formulated:
1. To oppose the monarchical parliamentary multi-party system and to accelerate propagandist agitation in favor of the New Democratic system.
2. To build a revolutionary, militant and new type of Communist Party.
3. To build a revolutionary united Front as an instrument of struggle and an embryo of the new power.
4. To lay emphasis on the preparations of people’s war.
5. To develop a patriotic and democratic movement against feudalism, imperialism and Indian expansionism.
6. To accelerate rural class struggle centering on the slogan of land to the tiller and to concentrate main force on the same.
7. To develop class and mass organizations, to establish Party leadership over them and to develop people’s movement in favor of their problems.
8. To pay special attention to expand the Party to lower classes, oppressed ethnic groups, tribes and depressed castes and to the rural and remote areas.
9. To accord priority to the illegal works and works in the rural areas, to develop as secondary activities the legal and urban works and coordinate the two spheres of activities.
10. To support national liberation, New Democratic and socialist movements all over the world, to emphasize on proletarian internationalism and to develop relations and contacts with the fraternal parties and organizations the world over.
11. To oppose & expose all forms of revisionism.
12. To propagate Marxism-Leninism-Maoism in a systematic manner.

Part Three
3 IMPLEMENTATION
3.1 Class analysis: force of the revolution
For the implementation of the New Democratic Revolution, the Nepali Society was analyzed and classified into the following categories based on their possible contribution and attitude towards the new Democratic Revolution. It was believed that the categorization could be beneficial for the development of the tactics and strategies for the advancement of the revolution. These major motivating forces identified for the New Democratic Revolution were:
• The Proletariat,
• The Farm Workers,
• Middle Peasants,
• Rich Peasants,
• Petty - Bourgeois Class and
• National Bourgeoisie.
3.2 Findings of analysis: possible problems
In the present era of imperialism & proletarian revolution, the enemy class is practicing various forms of conspiratorial strategies to stop revolution in countries like ours. Amongst them we must focus our attention on the following, because we can’t arrive at a correct strategy without understanding the strategy of the enemy. The major advantages that the enemy class has over the revolutionary class are:
1. Monopolistic hold over the communication over the whole world at this time can help the enemy to launch a disinformation campaign with deliberate propaganda about ‘terrorism’, ‘fall of socialism’ and the superiority and success of capitalism and is attempting to lower the morale of the people through the strategy of psychological warfare.
2. All the imperialist forces and the reactionary ruling classes of each country are campaigning strategically by spreading the network of well trained and technically equipped spies.
3. Inventing new forms of reforms & democracy in order to confuse the people politically.
4. Establishment of the networks of NGOs and INGOs have been spread in order to engage some educated middle class people, to prevent them from falling below the middle class and to entrap the people in the petty reformist mirage.
5. Encouraged unemployed youths to get scattered all over the world and to wander in India in the name of employment.
6. Polluting the minds of the people through propagation of religion and other means after entering into rural areas with attractive slogans.
3.3 Series of tactics envisioned
In our situation, the armed struggle can be initiated, sustained and developed only through a skillful implementation of a policy which would go like this:
• Give priority to the rural work, but do not leave out the urban work;
• Give priority to illegal struggle, but do not leave out the legal struggle, too;
• Give priority to specific strategic areas, but do not leave out work related to the mass movement, too;
• Give priority to class struggle in rural areas, but do not leave out countrywide struggle, too;
• Give priority to guerrilla actions, but do not leave out political exposure & propaganda, too;
• Give priority to propaganda work within the country but do not leave out worldwide propaganda, too;
• Give priority to build army organization, but do not leave out to build front organizations, too;
• Give priority to relying on one’s own organization and force, but do not miss to forge unity- in- action, to take support & help from international arena.
The successful development of People’s War in Nepal will be governed by decentralized actions based on central policy, by launching actions at different isolated spots of the enemy and by applying large force against small forces in order to get quick victory, by adopting hit & run tactics, by promoting guerrilla actions under the centralized plan from different parts of the country but by giving special attention to specific strategic areas, and as Mao has said, by organizing and mobilizing as many people as possible and as fast as possible and with as good a method as possible while placing the question of capturing political power at the centre.
3.4 Development of MLM: Nepal's specific as "Prachandapath"
The founding of new unity on a new basis laid a concrete ideological and organizational ground for conducting “Rectification Campaign” as directed by the Fourth Extended Meeting of the Central Committee. The same meeting worked out the Fifth Plan for the PW. The Fifth Plan period which had succeeded in lifting the whole People’s War to a new height of development occupies an important place in our Party history for the following reasons-
1. In the very beginning of this plan implementation, death of alternative Politburo Member Com. Suresh Wagle (Basu) established the great martyrdom, high records of sacrifice, intensified the resentment of the masses against the enemies all over the country and established the revolutionary image of the Party among the people.
2. “Rectification Campaign” was conducted by the Central Committee in the middle of the fifth plan strengthened ideological and emotional unity of the Party; and developed substantially the ideological level and efficiency of the Party to fight against the opportunism.
3. During this plan period, qualitatively high-level military successes were achieved in all regions in general and the Western region in particular.
4. At the final stage of this period, all mysteries and characteristics of the Alok trend appearing as ‘left’ liquidations were exposed through strenuous and incessant efforts of Com. Prachanda and others. Indeed, the exposure and synthesis of the Alok trend is a great success of "Rectification Campaign". In essence, this is yet another triumph of the proletarian line led by Com. Prachanda.
3.5 Development of democracy in 21st century
The main essence of the teachings of Marxism-Leninism-Maoism is to advance ahead through continuous revolution by scientifically synthesizing world proletarian movement enriched by the great experiences of revolution and counter-revolution. In giving leadership to the democratic revolution against feudalism and imperialism in Nepal, our Party has been from the very beginning laying emphasis on applying the teachings of MLM, not in the form of dogma but in the form of creative application and development as a “guide to action”. In this great process of applying and developing the teachings of MLM based on the concrete condition of the Nepalese revolution, we have been waging continuous struggle against rightist revisionists as well as the dogmata-revisionists. The Party has already synthesized the discovery at “Prachanda-Path” as a special chain of ideas in the Nepalese revolution based on this development process of class struggle and ideological struggle.
On the basis of experience of history, analysis of present world situation and five years’ enriched experiences of the Nepalese People’s war, the Party’s second historic Conference has made many important political and military syntheses.
The Party
Revolutionary party for 21st century need to be developed into an organizational theory, methodology and system so that they can stop counter-revolution and this is valid even today. This is the problem of application and development of the theory of two-line struggle within the Party and continuous revolution under the dictatorship of the proletariat.
The Army
The experience of revolution and counter-revolution in the 20th Century has clearly shown that if the proletarian class advances ahead with correct revolutionary ideology, policy and programmed then the people can develop from almost zero to the level of an invincible people’s army which can reduce to dust the ultramodern and powerful army of the enemy. But if wrong ideology prevails then the same army can become a weapon of counter-revolution.
The State
Though capture of state power through people’ war under the leadership of the Party of the proletariat was the main theme of the revolution, the experience of 20th century has clearly proved that the question of continuous democratization of the state power is thousand times more difficult and complex than capturing state power. In Nepalese context we have been talking about the liberation of the masses from class, national, regional, and gender oppression; national and regional autonomy along with the rights to self-determination; party freedom for anti-feudal and anti-imperialist forces. In this situation it should be stressed on correctly organizing the right to self-determination of the masses for the continuous democratization of the state.
Thus, only through the appropriate development of the Party, Army and State as stated above that democracy in the twenty-first century would enhance the process of continuous revolution and counter-revolution.

Part Four
4 PRACTICAL DEVELOPMENT OF MLM IN NEPALI CONTEXT
4.1 Chunbang meeting: major event
• Questions of Leadership
• Correct handling of the contradiction or inners struggle
• Tactical swift to focused village to urban
• Alliance with parliamentary political parties against autocratic Monarchy
• Democratic republican
• Proper balance on Nationality and Democracy
• Rectification-self criticism new type of party building
4.2 Kamidanda meeting: major event
• Seize fire agreement
• CPA, AAMA, Interim Constitution
• Tactics series: people’s war, people’s movement; negotiation and diplomatic initiation.
• Joining Interim Government
• Election of CA:
• Formation of government: Under the Leadership of Maoist Party
With deciding election of CA agreement was signed for formation of interim government including Maoist party. After a decade long people’s war Maoist representative became a part of government. Government had fixed their common minimum programmed. Main focus was; socio-economic transformation, constitution writing, integration and rehabilitation of PLA, and democratization of NA.
4.3 Balaju -Kharipati-Palungtar and Parisdanda:
Before CA election, the extended meetings of Balaju was convened and was the first meeting after seize fire. Division was for CA election or different type of revolution backtracking from peace process. Chitwan meeting was held after promulgation of interim constitution and the entire parliament member were participated there with new coat. Then division became between coat and without coat.
Kharipati meeting was held at a time party itself was leading the government with majore portfolio. Again debate was leading the government by top leadership is a kind of give-up revolution. Peace and constitution is a reformist line so line and leadership both became reformist so it is needed to coming back from the government and preparation for revolt. But plan of revolt was not fixed and finalized.
Palungtar plenum was a three line debate. Again it is focused on peace and constitution or people’s revolt. Finally it was undecided extended meeting more than 6 thousand leaders and cadres were gathered there. It was trying to pass the line of people’s revolt without any preparation but finally it was corrected by perisdanda meeting peace and constitution is appropriate line for this moment.

Part Five
5 TACTICAL FLEXIBILITY AND STRATEGIC RIGIDITY

When the Maoists movement was just spawning in Nepal, people used to think Maoists woodenheaded. At the end of the 20th century, when the communist regimes all over the world were dismantling and in Nepal, where multiparty democracy with constitutional monarchy was just established putting down the three decades long authoritarian panchayat regime of the then monarch, the advocating of the armed movement by the Maoists instead of institutionalizing the achievements so far, displeased some people. Thus started Maoists movement, with unfavorable situations inside and outside the territory, in about a decade became the largest party of the country. The demand of the Constituent Assembly dating 60 years back became possible, the two and half centuries old monarchial system came to an end establishing republic and for the pioneer restructuring of the state, constitutional commitment was made to establish federal states ending the unitary state system of ruling. Revolution established the agendas and now these agendas are molting to work on field, their usefulness is being tested. At the end, what the crux of the achievements was has a single answer; flexibility in tactics rigidity in strategy.

5.1 Tactics and strategies
1. Protracted people's war or urban insurrection: The party attempted to manage the new approaches of preparations for New Democratic Revolution. It assimilated that the Nepalese revolution would success neither in the Chinese way nor in the Russian way, but in its own unique style and thus was the achievements possible in such a short period of time. In a document of a meeting after a month of initiation of the war consciously speaks; in the current socioeconomic structure and the development of class struggle, armed struggle is not the appropriate means of capturing the central state power. The formation of human rights organization, making the mechanism of the civil society, journalists and advocates were the subjects of tactical flexibilities.
2. Questions of Leadership: Marxist leaders failed to develop their own successors and the whole movement was negatively affected by the end of the leader. Recognizing the historical fact, the tactic of collective leadership was opted. Leadership is not a nominee, it is grooming up from the revolution was the major tactical development regarding the leadership.
3. Dichotomizing the Society: Exposure of social problems existing in the society after the 1990 political change greatly helped the party to mobilize the people behind their cause by dichotomizing and polarizing the society by the identities such as, 'oppressed-oppressor', 'ruler-ruled', 'poor-rich', 'landlord-landless', and 'patriot-non patriot'. In this way they deepened (and created new) political, social, cultural and economic cleavages. These dichotomies fuelled the already developed feelings of injustice and frustration in the Nepalese people and thus garnered public support.
4. Military Operations: The people's war proceeded with continuous military attacks. In time, though it used to change its tactics by talks, war and so on, in continuous military attacks its territories could be seen vividly. Hindering the recruitment of the army, obstructing the runaway of the army was carried out after the inability to capture an army camp of one company even a preparation of 14 months.
5. Declaration of Base Area: Party concluded to develop base areas not in isolation but in core and periphery based. The areas were categorized as main area, secondary area for propaganda and enemy area.
6. Simultaneously War and Peace: It is possible to launch war and peace at a time. In the field battles are going on and at a top negotiation also going on not only in political level but also possible in military level too.
7. Strategic balance of power: Another specific character of the war is to maintain proper balance with national and international forces and targeting the principal enemy while joining hands with secondary enemies. National forces were divided in two parts for and against as a same manner international forces too.
8. Parallel state power: During the period of armed conflict various state structures such as court system, revenue collection mechanisms, own military and administrative structures were established; and the party asked for International community's including UN for the recognition of those state strucures.
9. Tactical swift: Hindering the recruitment process of the army by threatening the aspirants, calling the army out of the barracks and attacking, making false attacks and drawing the attention of the army away from the attacking points, ambushing the armed force heading to back the ones in the ongoing attack, supply side intervention for various basic needs, etc. were the examples of tactical swift.
10. Rural to Urban Strategy: The formation of human rights organization, making the mechanism of the civil society, journalists and advocates tight and fix may seem confronting and may be said eerie rightist; those were the subjects of tactical flexibilities. On one hand the party is talking of raising arms but on the other hand forms network of human rights organizations, creation of the situation of dilemma was also the tactic of the movement.
11. Agenda for negotiation: CA, Removal of Monarchy, Federalization of state, Inclusion and proportional representation with special rights for dalit and women, feudalism to capitalism move, continuation of revolution and completion of rest task of the revolution.
• The tactic adopted during the mid period of the people's war was round table conference, interim government and the election of the constituent assembly. Seeming extreme rightist; there was no way these slogans suit a revolutionary leftist party but the result of these became a subject to tie the hands of the reactionary forces. The slogan "let's institutionalize republic", after the royal massacre; where there was no smell of the People's Republic; seeming like extreme reformist, prepared a base for the party to achieve the republic. The party that had conducted the people's war with the slogan "let's leap forwards in the path of the people's war in order to establish people's state power" headed forwards saying Constituent assembly, democratic republic, and interim constitution, election of the constituent assembly.
12. Leadership of the government after the election: there was no absolute majority to the party after the election but the leading of the government was decided and executed.
13. Resignation, illegitimate step of the president: while discussing about accomplishment of Nepalese revolution, all of sudden the chapter about chief of the army came into play and quitted from the government by resigning. After a yearlong of street protest, again from the candidacy of prime minister till now, all these events verify tactical flexibility.
The above outlined events are the examples of tactical flexibility adopted by a revolutionary communist party. The more we become flexible in tactics, the more it helps us to become rigid in strategies. If we become rigid in tactics, then we have to be flexible in strategies, and when strategies flexibility is adopted, then there arises a question in idea, policy and principle.

Part Six
6 MAJOR ACHIEVEMENTS
Marx propounded theory; Lenin implemented in Russia as an insurrection; Mao did in China as a protracted people’s war. In Nepal we decided to develop MLM and fusion of both. The tangible achievements of the People's war can be presented in nutshell as:
• Interim Constitution
• Establishment of Republic
• Election of Constituent Assembly
• Inclusiveness in every sector of society
• Proportionate Representation
• Federal structure of the state
• Modality for integration and rehabilitation of the PLA.

Part Seven
7 POLITICAL DEVELOPMENT AND CONSTITUTION WRITING PROCESS
7.1 Our responsibility of changing time:
We are talking about the revolution in the first decade of the 21st century. Our chief responsibility is to develop forthcoming tactics keeping in mind about the characteristics of globalized imperialism, characteristics of the classes and the success and failure of revolutionary movements. We have considered that the base of our acceptance of multiparty competition is the downfall of communist regimes in the 20th century. Also we have to review the fundamental changes in the nature of revolutionary movements, imperialistic character and reactionary class in the first decade of the 21st century based on the deployment of communist regimes of the 20th century. Any discussion of ideas sans this type of review will turn fruitless.

7.2 Imperialism of the 21st century
Imperialism itself is in the changed state. To self sustain, it is in its continuous motion, and with the changed circumstances it is trying its best to modify itself. Being so, the power in chief contradiction with the oppressed nations in on timely change, and if the oppressed nations and classes failed to endorse tactics accordingly, then there is no other alternative than defeat. So, not to be defeated, it is necessary to discuss about today's imperialism and develop today's Marxism putting aside insistence.

Today's imperialism is not in the state of turning mutual contradictions into world war. The situation is of dividing mutual differences according to their interest, power and capability and the nature of such division is not in the state of maintaining colony by dividing traditional geography. Despite this, the imperialistic forces are heading forwards establishing multinational companies and organizations and retaining world management through mutual coordination. The imperialistic interest of this time is to expand its market and to capture the world through that expanded market. For this, they don’t think it necessary to capture a fixed geography.

Imperialism of this stage is in the character of its change from industrial capital to financial capital. Industrial capital is at least extended to investor, workers, manager and production and market that are why the state of supremacy of imperialism only or capital only cannot prevail. It has to maintain its mutual consonance with other parties too. But today, after the change of industrial capital to financial capital, the absolute capital and the absolute imperialistic power, in its solo decision, is in the state of mobilizing that capital. Imperialism uses to accomplish its work through its agents instead of working itself. It such condition, the Marxist methods and norms of the 20th century are insufficient, their development is essential. Ignoring the evolved character of the imperialism, if we managed to define imperialism in the obsolete ways and develop future tactics, there is not a single alternative to defeat.

7.3 Rising of the middle class in the 21st century
The size of classes and their character is changed in this time. There is a rapid rise of the middle class while running in the first decade of the 21st century. The proletariat class and the reactionary class are at decrement and the middle class is making up the maximum. During the middle of the 20th century, the middle class was minimal and any class could ensure victory by its help but now the middle class staying in the middle and those who adopt the tactic that can influence the middle class can achieve victory. In the 20th century, the middle class was unsteady and used to hover sometimes here and sometimes there but now it has become permanent. Based on size and number also this class is in the stage of being determining class. It is necessary to care about this fact.
Additionally, the 1990 political change provided the space to reflect on these problems. Freedom of expression and organization allowed people to pursue a radical agenda, previously not tolerated by the state. Democracy created opportunities for marginalized people to organize themselves to fight for their rights, while at the same time raising the expectations of the people. Politicians in the early 1990's fuelled these expectations to win the popular vote, but, once in power; they failed to address people's concerns. This greatly helped the CPN (M) to mobilize the people behind their cause. The CPN (M) was also very successful at polarizing people into for and against by dichotomizing identities such as 'oppressed-oppressor', 'ruler-ruled', 'poor-rich', 'landlord-landless', and 'patriot-non patriot'. In this way they deepened (and created new) political, social, cultural and economic cleavages. These dichotomies fuelled the already developed feelings of injustice and frustration in the Nepalese people.
 
7.4 Reality in changing context:
Practically we are talking about writing constitution based on above mentioned particular situation and changing context of the world society. We have a firm believe on Marxism is a concrete analysis of concrete condition. So we have to think about it. Constitution and communism is hard to matching. it is because for communist why it is needed constitution and law. Goal of the communist is Communism and which is, itself is a classless stateless and lawless such type of ideal society. so we can come in conclusion that there is no need of any kind of law and constitution in the stage of communism.

According to Marxist view law is a tools of exploitation it can be used for suppression of the enemy class of people. Class divided society law is used for control and creating a barrier of the changing interest of the people.

Classical Marxism is no more working in 21st century it is firm believer of the Maoist party. This is a key of the Maoist movement . Marxism is not a lifeless dogma it is need to change and update and develop with compatible changing context.

With above mentioned scenario Maoist movement raised a issue of new constitution through elected body as a constituent assembly. First it was started during war by peoples republican constitution. Peoples legal code peoples power and court rules and regulation.
During negotiation time minimum content of the constitution had publicized.
During interim constitution drafting period it has been submitted very comprehensive constitution draft to the interim constitution drafting committee.
After two years of constitution writing has been published next constitution draft based on constituent assembly debate.
Now it is in final phase of constitution drafting. These are the constitutional development of Maoist party itself.
Marxism do believe on result if result is fine doesn’t matter about process but formal democracy always confine within process rather than result it is main contradiction.
Second contradiction is political slogan based politics and materialized in content is very different. Everything need to making new is a slogan but what it is nobody knows. This is another irony.

Along with fundamental principles based confusion and barriers now we are in the final phase of constitution drafting. Presently Nepal is facing two main challenges. Of them, the first is to complete the peace process, which would require a resolution and implementation of the difficult issue of how to integration of the former Maoist combatants into national security forces and reintegration of the combatants into the society. The second key challenge is completing the drafting of a constitution with federal structure, preferential right to self determination and special rights for women and dalits. These issues are the bone of contentions among the major political parties. The political parties are utilizing these agendas to secure their position during the transitional politics. Though these two processes are interlinked with each other, the political parties have different perception regarding this.
Marxism always believes that everything is determined by politics. So it is often said, "Politics in command". However, law and constitution are tools of governance. We cannot imagine a territory without law. In this context, UCPN (M) has had practiced the constitution writing process at the time of peoples war. At the time of negotiation only a part of the content was publicized. Interim constitution drafting time it was hard negotiation about the issues of people's rights and political issues raised by the Maoist party at the time of peoples war such a forward-looking change, state restructuring, proportional representations, inclusion and others. Based on interim constitution party started to draft its own constitution for the peoples and party cadres and leaders too. Party decided to form a constitution drafting committee for the party purposes but it was so difficult to resolve the contrasting issues because we are not in the phase of complete revolution. When we based on debatable issues and settled issues in constituent assembly then draft is going to be a normal it is not serving a spirit of peoples war completely and if we based on the constitution draft of the peoples war time then it will not be accepted in Constitutional Assembly. Compromise is the most essential factor for all the political parties.

Through the peace and constitution writing processes, the UCPN (Maoist) is dynamically working to institutionalize a people’s governing system, a new political system and people’s federal republic where there will be inclusive and proportional representation and participation of the Nepalese people. But the situation within this largest party is not easy as it seems to be. The intraparty rift is deepening within the party regarding the conclusion of the peace process and the constitution writing. Expressing dissent against the final effort to ensure people’s right through peace and constitution, a faction within the Maoists is trying to end all the achievements concealing under revolutionary veil. Stepping outside the disciplinary boundary of revolutionaries and making mockery of the principles of a communist party, they are raising debate of no use for namesake.

The old ruler, especially the Nepali Congress who fears the existence, is standing against these changes and the CPN (UML) is hovering around the NC's position. The fear of existence is further fuelled by the intra party rift in all the major political parties. In a shameful effort, old rulers are ignoring the agreements of the CPA.

The major debates in the Constituent Assembly are:
Different understanding of Rules of law, democracy, independence of judiciary, separation of power etc. terms monopolized by the traditional political parties are hard to accept and adopt by the party arising through the New Democratic Revolution. Even most of the leaders are not familiar with the terms of the constitution some of the words are already became monopoly of it.
People's war was conducted with the overwhelming support of the society. Furthermore, the New Democratic Revolution has inculcated in public that everything should be new. But it would be possible only if the revolution was complete. But party is in the state of compromise. Compromise by all the political parties is the reality of the present day situation, but intention is the constitution with revolutionary spirit. Question arises, how we can balance it?

Another most important aspect of the Nepalese contemporary politics is that focus of the politics is always in slogan rather than technical details. Political interest cannot serve only by slogan. For the purpose of the fulfillment of the political interest need to have technical details. Gap between political slogan and technical details must be fulfilled by the proper balance between the two for the tangible outcome of the peace process.
Whatever disagreement there may be, in recent days all the major leaders of the major political parties are harping the slogan of agreement and this has inculcated the ray of hope in all Nepali people and the international community.

8 CONCLUSION
Political stand based on classical Marxism and writing constitution in 21st century is quite contrast. Constitution at present is matter of fact and classical Marxism is a philosophy. Philosophy materialization in constitution of 21st century is not a easy job.

Even though, Finally Maoist party has taken historical initiation for the liberation of the people. For this purpose it has developed its own clear objectives; it has developed its own style and methods. It has been highly appreciated by the other communist parties. The path taken by the Maoist party in Nepal is a new and unique to its soil. It doesn’t match with any practices of Marxism as it is a redefined mode so orthodox types of communist parties regard it as a reformist. Whether the movement is reformist or revolutionary let the future to judge it.
The plausible explanation behind the achievements of the People's war in nutshell are; strong leadership capability, initial brushing off of the grievances as the unrealistic ambition by the state authorities, modality adopted of local flavor, success in capturing the sentiment of the oppressed and marginalized citizens, dichotomizing the society in for and against the movement with specific polarization, adopting the strategic rigidity and tactical flexibility as per the contemporary national and international scenario.

Political compromise is mandatory for all the political parties; and the peace process and the constitution writing process are near conclusion with the positive attitude of all the political parties towards the recent political development. The tactical flexibility and strategic rigidity of the leadership of New Democratic Revolution has finally led the peace process near to conclusion.

Therefore, a pragmatic approach with the up to date analysis of the national and international milieu is the first and foremost factor for the uprising of any political movement and for the socio-economic transformation through new constitution.
Finally constitution writing is mainly political task which is guiding by their political ideology and thought. Political thought based on classical approach but constitution writing is a practical context and based on changing context. Classical approach and changing context of 21st century could have a contradiction. This contradiction is going to reflect in constitution writing process of Nepal.