nope you’ve picked up on the issue, it’s executive preogative ..one can argue over whether zardari has actually attempted to consult CJ..so far the Presidency hasn’t shown any evidence they have..
Obviously the terminology in the 1973 constitution needs clarity but if it’s left to the SC to decide..CJ will obviously rule in his own favour.
“consultation” shall, save in respect of appointments of Judges of the Supreme Court and High Courts, mean discussion and deliberation which shall not be binding on the President.](Chapter 5: "Interpretation." of Part XII: "Miscellaneous")
I am a bit suspect of the legal opinion of people like ex CJ Saeeduzzaman Siddiqui and other others because they used seniority as grounds to oust Sajjad ALi Shah on Nawaz Sharifs instigation.
On the other hand Fakhruddin Ebrahim has come out against the CJ’s ruling..which is quite damning ..considering he is one of the finest legal minds in Pakistan.