What is the difference between Circular and Notification
What is a Notification?
A notification is a public notification in the Official Gazette and is issued in exercise of certain power derived from a legislative enactment or provision.
It may relate to applicability of the legislation or any other variables. In several enactments, we see phrases such as “as may be prescribed”. These are later notified through notifications. The Ministry/Departments are empowered to come out with notifications superseding the earlier ones. Notifications are integral part of the enactment and is binding on all the constituents.
What is Circular?
circular is a internal memo or note of the Ministry/Department, which may clarify certain aspect of law. It may be superseded by yet another circular or legislative amendment. It has a persuasive value in judiciary, though the Courts are not bound by these. Any person having objection with a circular may approach the concerned Ministry/Department and seek alteration to that circular, which if fails, may challenge the same in the Courts. Ministry/Department issuing the circular are bound by their own circular. If they wish, they may withdraw or issue another circular to supersede the previous one.